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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Re: Evict or not to evict! Posted by Kristine-CA on November 23, 2009 at 12:14 AM In Reply to: Evict or not to evict! posted by Mason MP on November 20, 2009 at 1:34 PM File a 3 day notice quit or pay....today. Your tenant has a misunderstanding regarding leases after foreclosure. His long term lease may or may not have to be honored but he does have to pay. If he says it $1200, then make it $1200.00. Are you sure it's not the previous owner? Do you know his name for service? Get this started asap. The 3 day notice may make him play ball with cash for keys. You may want to up that cash for keys thing if you are serious about getting the property back soon. What's 90 days worth....5K, maybe? Seriously, no one is going to move for less than what it's going to take to get a new place, with deposit and moving costs. Especially these days, when many tenants and former borrowers know their credit is toast and they have no references. They need real money to move. : Hello Everyone, : I got a house in Riverside, CA at the TS last month. : Serve the tenant the 90 days because he said he has a lease agreement in the safe deposit. He has no plan to move. : I try to offer him 2K cash to move in 3 weeks plus $60/day incentive if move earlier. He wouldn't budge, I offered him to stay up to 2 months plus 2K moving expenses if he would let the RE agent show the property twice a week. He wouldn't even answer my phone. : He said the law allows him to stay rent free for 90 days even thought he never produce a lease agreement or any proof of tenancy. The utilities bills are still under ex-owner's name friend of his. : I talked to a couple eviction lawyers and Fair Housing Council of Riverside County Inc. : 3600 Lime St., Suite 613 : Riverside, CA 92501 : (909) 682-6581 (800) 655-1812 : fhcrc@aol.com : www.fairhousing.net : They said he has to pay rent because the property is not a Reo it's sold to 3rd party so tenants have to pay rent but subject to previous owner's lease contract. : Lawyers said can evict him with 3 days notice of paying rent or quit if we know what the rent is. : He keeps telling me the lease contract is in the safe deposit. He said that he's been paying $1,500 rent for the last 7 months even though market is $1,800. : We can let him stay up to 60 days without rent if he would move after that but I believe he will probably stay for 90 days then maybe another 60 days or so if he fights the eviction. : If we evict on none rent payment can he comes back and sue us for wrongful eviction? Pro and Con of using the 3 days notice pay rent or quit solution. : I think he didn’t rent the big house to pay $1,500 all by himself in the first place so what are the possibilities? : We hope for Ward’s expert advice on this one but anyone who comes across situation like this and would like to share with us the experiences would be very much appreciated : Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : File a 3 day notice quit or pay....today. Your tenant has a misunderstanding regarding leases after foreclosure. His long term lease may or may not have to be honored but he does have to pay. If he says it $1200, then make it $1200.00. : Are you sure it's not the previous owner? Do you know his name for service? Get this started asap. The 3 day notice may make him play ball with cash for keys. : You may want to up that cash for keys thing if you are serious about getting the property back soon. What's 90 days worth....5K, maybe? : Seriously, no one is going to move for less than what it's going to take to get a new place, with deposit and moving costs. Especially these days, when many tenants and former borrowers know their credit is toast and they have no references. They need real money to move. : : Hello Everyone, : : I got a house in Riverside, CA at the TS last month. : : Serve the tenant the 90 days because he said he has a lease agreement in the safe deposit. He has no plan to move. : : I try to offer him 2K cash to move in 3 weeks plus $60/day incentive if move earlier. He wouldn't budge, I offered him to stay up to 2 months plus 2K moving expenses if he would let the RE agent show the property twice a week. He wouldn't even answer my phone. : : He said the law allows him to stay rent free for 90 days even thought he never produce a lease agreement or any proof of tenancy. The utilities bills are still under ex-owner's name friend of his. : : I talked to a couple eviction lawyers and Fair Housing Council of Riverside County Inc. : : 3600 Lime St., Suite 613 : : Riverside, CA 92501 : : (909) 682-6581 (800) 655-1812 : : fhcrc@aol.com : : www.fairhousing.net : : They said he has to pay rent because the property is not a Reo it's sold to 3rd party so tenants have to pay rent but subject to previous owner's lease contract. : : Lawyers said can evict him with 3 days notice of paying rent or quit if we know what the rent is. : : He keeps telling me the lease contract is in the safe deposit. He said that he's been paying $1,500 rent for the last 7 months even though market is $1,800. : : We can let him stay up to 60 days without rent if he would move after that but I believe he will probably stay for 90 days then maybe another 60 days or so if he fights the eviction. : : If we evict on none rent payment can he comes back and sue us for wrongful eviction? Pro and Con of using the 3 days notice pay rent or quit solution. : : I think he didn’t rent the big house to pay $1,500 all by himself in the first place so what are the possibilities? : : We hope for Ward’s expert advice on this one but anyone who comes across situation like this and would like to share with us the experiences would be very much appreciated : : [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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