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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Disagree.... Posted by Denis Hebert on August 20, 2010 at 4:10 PM In Reply to: Cash for Keys alternative posted by Dan on August 20, 2010 at 7:52 AM : I have some thoughts on alternatives for "cash for keys". : Since they are now tenants, all tenant laws prevail, use them. : If they were the homeowner, they have been tenants less then a year, so you can do a 30 day change of tenancy, and give them a 24 hour notice of inspection. : State law allows landlord to enter premises upon 24 hour notice. Now you can do an inspection, take photographs and document the condition of the property. : Have someone serve them with a three day perform or quit, regarding allowing the inspection. If after 3 days they refuse the inspection, you can enter anyways as you gave 24 hours notice. And you can fast track eviction for failing to abide by the legal requirements. : Now due to the inspection you have documentation and photographs of the condition of premises (AC, pipes, electrical, walls) which you can both sue them and have them arrested if they damage the premises before you take possession. If you documented the stuff was there they are less likely to destroy or steal it. : You can give them a rental contract where they pay the rent you specify and the people listed on the contract get to stay. : Have a penalty clause for unlisted tenants, where each tenant not on the rental agreement an additional $1000 a month. : What do you think? I MUST DISAGREE WITH THIS SCENARIO.... BY VIRTUE OF THE FORECLOSURE, THIS SEVERS ANY RENTAL AGREEMENT, AND WHAT YOU HAVE IS AN OCCUPANT WHO IS ON THE PROPERTY LAWFULLY, AND IS NOT A TENANT... THE LANDLORD/TENANT RELATIONSHIP IS SEVERED UPON FORECLOSURE, AND THUS A THREE DAY NOTICE TO PERFORM DOES NOT WORK... / / / Follow Ups: Wroonnnng! goober 4:49 PM, 08/20/10 (7) Re: Wroonnnng! Paul Herold 8:48 PM, 08/24/10 (0) My Calif. attorney agrees, lease lives bukzin 11:33 PM, 08/20/10 (0) My Calif. attorney agrees, lease lives bukzin 5:36 PM, 08/20/10 (4) Re: My Calif. attorney agrees, lease lives Charles 6:09 PM, 08/20/10 (3) Re: My Calif. attorney agrees, lease lives Denis 7:35 PM, 08/20/10 (2) Re: My Calif. attorney agrees, lease lives Denis 7:37 PM, 08/20/10 (1) Fnma Charles 10:37 AM, 08/21/10 (0) Post a Followup: Name : E-Mail : Subject : Comments: : : I have some thoughts on alternatives for "cash for keys". : : Since they are now tenants, all tenant laws prevail, use them. : : If they were the homeowner, they have been tenants less then a year, so you can do a 30 day change of tenancy, and give them a 24 hour notice of inspection. : : State law allows landlord to enter premises upon 24 hour notice. Now you can do an inspection, take photographs and document the condition of the property. : : Have someone serve them with a three day perform or quit, regarding allowing the inspection. If after 3 days they refuse the inspection, you can enter anyways as you gave 24 hours notice. And you can fast track eviction for failing to abide by the legal requirements. : : Now due to the inspection you have documentation and photographs of the condition of premises (AC, pipes, electrical, walls) which you can both sue them and have them arrested if they damage the premises before you take possession. If you documented the stuff was there they are less likely to destroy or steal it. : : You can give them a rental contract where they pay the rent you specify and the people listed on the contract get to stay. : : Have a penalty clause for unlisted tenants, where each tenant not on the rental agreement an additional $1000 a month. : : What do you think? : I MUST DISAGREE WITH THIS SCENARIO.... : BY VIRTUE OF THE FORECLOSURE, THIS SEVERS ANY RENTAL AGREEMENT, AND WHAT YOU HAVE IS AN OCCUPANT WHO IS ON THE PROPERTY LAWFULLY, : AND IS NOT A TENANT... : THE LANDLORD/TENANT RELATIONSHIP IS SEVERED UPON FORECLOSURE, : AND THUS A THREE DAY NOTICE TO PERFORM DOES NOT WORK... : / / / [ 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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