Termination of rental agreement in California

sonyawiprud

We recently ended a rental agreement with a man who has been breaking the rules, been warned and continues to break them anyway.

We gave him ten days and only during office hours, for ten days he showed up at 4:30 and gave us grief about needing more time in his day to organize it for vacating. On the tenth day he showed up after we closed (on Mother's Day) and left us a message that he had to cancel his truck and his moving help because we were not here (all lies). So my husband graciously gave him 10 more days, with the caveat that we will let him in when he shows up with a truck. We know he's going to take the time given to him and not use it wisely. He has gotten this time for free, we waived the rent AND had to move his stuff from the hallway into a larger unit near his existing unit just to get the aisles cleared. Which means he's occupying two units for free. What can we legally do if he never leaves? What have you guys done in this situation? Has it been successful?

I've been told we would have to go through the court system to have him legally evicted.

Thanks for your help,

Sonya

ESS

I'm unsure regarding California laws, but here in Texas if they refuse to leave after a non-renewal notice, we have to file eviction. Again, not sure about y'all's laws, but I would also over lock all of his stuff, make sure his gate code is disabled, and let him know if he is caught on property, you will file trespassing on him. You could always try to bs him and present him with paperwork stating he has 24hrs to vacate or all belongings default to your company? I have never experienced this...yet, thankfully. Good luck!

CVSSSTORAGE

California is a weird one because it says we have to evict then says except in cases of storage facilities. We gave a tenant a 30 day notice to terminate tenancy and they left so much trash in the unit. You could try to BS him and say you would hate for him to lose his stuff so he needs to be out on such and such day or you will start auction proceedings. At this point you could have already started the prelien on him and had it ready for auction after the proper time has lapsed. 

CVSSSTORAGE

California also has laws that say you cannot keep a tenant from their items so be careful. Even when tenants are in prelien here they have to have access to their items. Only when it gets into lien can we say I am sorry I don't have to let you in.

teamcapitola

@CVSSTORAGE is right; California is weird about this. I've had lawyers say that the lease termination goes by your rental agreement terms, and others say you need to go through the Unlawful Detainer process (eviction, like an apartment lease)

In your case, I would go to the courts and do a formal eviction since they are such a pain. It sounds like they may try to claim monetary damages because of truck, not being able to get to their belongings etc.

I usually bluff when I do an eviction. I get a local police officer down to my facility to "explain" that they have 7 days to get out or the cops will come and "escort your belongings off site" (they say they will, but haven't tested.)

Its always a case by case, and based on your story, that's going to be a HUGE pain anyway you look at it!

sonyawiprud

Thanks for all of your input, it looks like I am going to have to evict by court.

Ron

I would raise his rent a lot on the unit he has a contract with, the unit without a contract overlock until you get a contract and raise that rent a lot too. By a lot I mean like 200%

skinman

Gotta love Cali.... Lived there for 16 years, just another reason I'm glad we left. Beautiful state though!

CVSSSTORAGE

where in Cali are you located @sonyawiprud

jhopkins6977

I think it would be easier to move the whole facility to another state, then should be an easier time to evict that tenant.

sonyawiprud

CVSSSTORAGE said:

where in Cali are you located @sonyawiprud

Encinitas