eviction hearing (San Diego: apartment, renter, motel)

[generalswife]

I've got a coupla tenants I'm giving the boot. The cases should be going to court in a few weeks. My property manager will appear in court and said I don't have to show up. However, I would like to go to become familiar with the process. Has anyone sat through an eviction hearing? I feel I have a good case because the tenants stopped paying rent and the non-payment is not because of habitually issues they are just deadbeats.

[LuvSouthOC]

The judge you get can impact you greatly in an UD action. The judges are mostly sane in San Diego, but increasingly, any excuse by a "poor" tenant (who is unable to pay a big, bad, mean and "rich" landlord for any dumb reason) can cost dearly in lost rent when you hit a crazy judge and get delayed in gaining possession of your property (which of course they also don't clean and leave trash in).

In sum, don't own in crap areas in San Diego. Getting rent is nearly impossible and only getting harder unless it's a premium area. The quality of tenants in SD has dropped to a new, low level per conversations/observations with others. Many people are drifters and have sporadic income.

The only exception are the military folks who do pay.

[generalswife]

Originally Posted by LuvSouthOC

The judge you get can impact you greatly in an UD action. The judges are mostly sane in San Diego, but increasingly, any excuse by a "poor" tenant (who is unable to pay a big, bad, mean and "rich" landlord for any dumb reason) can cost dearly in lost rent when you hit a crazy judge and get delayed in gaining possession of your property (which of course they also don't clean and leave trash in).

In sum, don't own in crap areas in San Diego. Getting rent is nearly impossible and only getting harder unless it's a premium area. The quality of tenants in SD has dropped to a new, low level per conversations/observations with others. Many people are drifters and have sporadic income.

The only exception are the military folks who do pay.

The tenant's answer to the complaint and there were many, but the highlights are bad plumbing, no heat and mold. I sent a plumber who did find a problem with his apartment and the next door apartment. The bathroom tub had been plugged up for quite some time and he didn't report it to the property manager. The HVAC guy verified that the heat is working, plumbing problem will be fixed by tomorrow and a bleach scrubbing took care of the mold. I do have a mold company coming tomorrow to remediate just in case.

[LuvSouthOC]

Thanks for the update. Folks often assert no remediation on the part of the landlords when they never reported it to begin with. Some advocates tell them the landlord has to keep the place habitable etc. but that presupposes that they report it (and do not instead fail to do so because, say, there are 4 other persons living on the premises).

[expatCA]

A friend of mine found a way around all the hassle. Owns a Motel and rents daily and/or weekly to many who stay for months and even years. BUT if no pay, no problem evicting them. Great idea for many who live pay check to paycheck and need minimal space. Free water, electric, phone (local) and internet. Makes a good living renting the rooms.

[LuvSouthOC]

Oh man that sounds like a winning business.

[generalswife]

Originally Posted by LuvSouthOC

Some advocates tell them the landlord has to keep the place habitable etc. but that presupposes that they report it (and do not instead fail to do so because, say, there are 4 other persons living on the premises).

Yep, that's what I'm dealing with ... this particular tenant has let drains clog up and mildew to run rampant without making a maintenance request to me or the property management company. However in his answer to the eviction complaint he is claiming all kinds of crap with the help of a legal aid attorney.

[Jenkay]

You might want to post on the Renting Forum, lots of current/past landlords there who can give you advice

[2sleepy]

Originally Posted by expatCA

A friend of mine found a way around all the hassle. Owns a Motel and rents daily and/or weekly to many who stay for months and even years. BUT if no pay, no problem evicting them. Great idea for many who live pay check to paycheck and need minimal space. Free water, electric, phone (local) and internet. Makes a good living renting the rooms.

If they stay over 30 days they gain all of the rights of a tenant, some motel owners try to get around this by having them move out for a few days after 30 days but that's against the law. Your friend has probably just never run across a renter who had the sense to call legal aid, but at some point they will so you might want to tell them to a acquaint themselves with the law