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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Here's a possible solution... Posted by Ward-CA- on July 03, 2003 at 8:09 PM In Reply to: tenant problem posted by gcastro on July 03, 2003 at 6:20 PM : this are the facts: : I just purchased a property in California that is occupaid by tenants. The former owner said that they had a lease contract with the tenants, but that it expired some 2 or 3 months ago, and the owners didn't renew it because the tenants would not pay the rent anyway. The tenants were never served with any notices at all, but they did know that the property was for sale. The tenants have been living at the property for about a year total. Now I have purchase the property, so the problem has become mine, and I am not sure what to do! I would like to resale the property right away, but the tenants want at least 2 months to move out. I think that is too long! How would you handle the situation? -=-=-=-=-=-=-=-=-=-=-=-=- Gonzalo, Is the property in a rent control area? If it is then you would need to get the local rent control rules and see what they do and don't permit a landlord to do in that locale. California law states that when a tenant stays beyond the lease term that the tenancy becomes one that runs from month-to-month. If the tenants are not paying any rent then you could serve them with a 3 Day Notice to Pay or Quit. The problem with that approach is that if they pay up then they'd have the right to stay. So, I would serve them with a Sixty Day Notice To Quit with no cause stated. A "no cause" eviction now requires a 60 day period, that began in 2003, rather than the 30 day period of yesteryear. This problem seems to be the perfect time to use the "cash for keys agreement" that's in the Foreclosure Resource Manual (property management section). Basically, what the "cash for keys agreement" accomplishes is to motivate the tenants to move out earlier than they are required to by law. You do it by giving them a certain amount of cash for every day they leave earlier than required. For example, let's say that you agree in writing to give them $30/day for each day they vacate the premises early. If they leave 30 days earlier then you'd pay them $900 ($30 x 30 days). Hope this helps. Follow Ups: Ward - why 60 days?? Lughead 8:50 PM, 07/03/03 (4) What you missed... Ward-CA- 10:25 PM, 07/04/03 (0) Gonzalo, how did you acquire the property?? Ward-CA- 10:33 PM, 07/03/03 (1) from the owner in default (no text) g.castro 10:09 PM, 07/04/03 (0) Re: Ward - why 60 days?? broker 10:21 PM, 07/03/03 (0) Post a Followup: Name : E-Mail : Subject : Comments: : : this are the facts: : : I just purchased a property in California that is occupaid by tenants. The former owner said that they had a lease contract with the tenants, but that it expired some 2 or 3 months ago, and the owners didn't renew it because the tenants would not pay the rent anyway. The tenants were never served with any notices at all, but they did know that the property was for sale. The tenants have been living at the property for about a year total. Now I have purchase the property, so the problem has become mine, and I am not sure what to do! I would like to resale the property right away, but the tenants want at least 2 months to move out. I think that is too long! How would you handle the situation? : -=-=-=-=-=-=-=-=-=-=-=-=- : Gonzalo, : Is the property in a rent control area? If it is then you would need to get the local rent control rules and see what they do and don't permit a landlord to do in that locale. : California law states that when a tenant stays beyond the lease term that the tenancy becomes one that runs from month-to-month. If the tenants are not paying any rent then you could serve them with a 3 Day Notice to Pay or Quit. The problem with that approach is that if they pay up then they'd have the right to stay. : So, I would serve them with a Sixty Day Notice To Quit with no cause stated. A "no cause" eviction now requires a 60 day period, that began in 2003, rather than the 30 day period of yesteryear. : This problem seems to be the perfect time to use the "cash for keys agreement" that's in the Foreclosure Resource Manual (property management section). : Basically, what the "cash for keys agreement" accomplishes is to motivate the tenants to move out earlier than they are required to by law. You do it by giving them a certain amount of cash for every day they leave earlier than required. : For example, let's say that you agree in writing to give them $30/day for each day they vacate the premises early. If they leave 30 days earlier then you'd pay them $900 ($30 x 30 days). : Hope this helps. : Optional Link URL: Link Title: Optional Image URL: [ 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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