Tenant moved out 3 years ago and continues to pay RENT LATE. WILL NOT GIVE ME EXACT DATE OF MOVE OUT. SOMEONE HELP! (Eureka: real estate)

[mrsherwee]

Hi,

I have a single family home in san francisco where my parents tenant had gave me verbal notice that they were moving out 3 years ago. They insisted to use the deposit to pay for their last months rent before they moved. I said that should be fine after walking their unit. They physically moved out 3 years ago but their belongings are still in the house. They continue to pay rent because they don't have time to move their stuff. I have tried asking them numerous times about when they would be moving their stuff, but they do not respond when left a message. They come once a month to pay their rent but are habitually late every month and writes a check for the rent on the 8th or 9th and leaves a note on the check stating to deposit the check on the 15th of the month. I have spoken with my tenant once or twice because they never return my phone call or inform me on what they are going to do. What are my options? I live in the studio in the bottom of the single family home. I would like to evict them but not sure what my options are. I was reading up on the costa hawkin act. It says if the tenant has completely vacated the unit then I can raise the rent back to market rate. Can someone help me? What are my options as far as what to do. I feel like they are making me run in circles to get them out of the house. I don't mind if they live here and continue to pay rent on time, but this is not their primary address anymore and they have nothing but boxes and junk upstairs like hoarders. Can someone ADVISE ME ON WHAT TO DO?? THANKS

[beb0p]

Their tenancy should have ended three years ago, but curiously you accepted rent from them even after their tenancy supposedly ended. That's on you. Now that you have accepted rent for three more years, you have in fact allowed the tenancy to continue and whatever move-out date that was established three year ago can be thrown out the window. With that said, I am not a lawyer so take what I said with a grain of salt. If a lawyer tells you otherwise then by all means disregard what I said.

So now that the tenancy is continuing (you kept accepting their checks) there is really not much you can do because it sounds like the building is rent controlled and the tenants enjoys the protection that comes with it.

Furthermore, like their poodle, you deposit their checks on the 15th even though you are under no obligation to do so (unless the lease says rent is due on the 15th of every month which I highly doubt).

You said you want them gone. There are two ways you can fight this, and there is no guarantee.

1. Next time rent is late (that means on the 1st of the month you don't get a check) you serve them a 3-Day to Pay Rent or Quit Notice. Post the notice on the unit's front door. They are supposed to be living in that unit anyway, don't drive out to wherever they're living now and give them the notice. Chances are they won't even know they've been served because they don't live there but if they pay you rent within three business days after you served them the notice (a live check, not a check that needs to wait a couple weeks to cash) you have no choice but to accept and continue the tenancy. If you fail to receive rent after three business days, congrat; now you're set to evict them. DO NOT ACCEPT rent from them after this period. Do not even talk to them. If they try to contact you just brush them off. Google how to file papers to evict tenants. And be ready to go to court and present your case. You can also hire an attorney to handle it for you.

2. Because this is not their primary residence, you can argue in court that your tenants should not be protected by just-cause eviction and proceed to serve them a notice to move out after 60 days (60 days are minimum days needed for tenants who did nothing wrong). I'd try this if #1 fails.

Btw, allowing the deposit to pay for last month's rent is not fine. It's stupid. There's a reason a deposit and rent are separate entities.

Good luck.

[CSD610]

So you have accepted rent for the storage of the previous renters material possessions for three years and are just now complaining and wondering how to evict them?

It is hard to believe that any landlord would allow this to happen.
At any rate, start legal eviction proceedings through the court system and hire a good attorney to help you with this matter.

[eureka1]

You are a good example of why there should be licensing requirements for landlords.

[mrsherwee]

Thank you to the people with the advice. Eureka1. You need to get off my page if you are going to criticize. This is no area for people to criticize on problems were trying to deal with. Please don't say anything if you have nothing to helpful to say.

To BEbop, Yes i know using the deposit was stupid. Very stupid indeed. The fact of the matter was that this tenant had a long term relationship with the landlord which is my dad. The tenant was paying rent and not living here so my dad thought it shouldn't be a problem. I told him that it is a problem because your losing market value for the home which these tenants are not living in anyway. So i advised my pops that they should move out instead of throwing their money away. They are foreign and do not know the rent ordinances in san francisco. The tenant had taken advantage of my dad because he spoke little english. The tenant knows his rights and how to get around this. He is a lender and knows that the landlord will not take action because of their relationship, which is why I am stepping in and helping him evict these tenants for that matter. I appreciate the advice and will take it with a grain of salt. I will update you on this next month as I have spoken to an attorney to see what my options are. I will serve them with a 3 day pay or quit next month. Thank you

[chup76]

If you look at Eureka1's comment in a hard "loving" way, he's really suggesting you get professional advice to manage this. You really could get yourself into more hassle and pain than it's worth.

Perhaps sign up your house to a existing property management company and have them handle things.

[HockeyMac18]

Originally Posted by mrsherwee

Thank you to the people with the advice. Eureka1. You need to get off my page if you are going to criticize. This is no area for people to criticize on problems were trying to deal with. Please don't say anything if you have nothing to helpful to say.

To BEbop, Yes i know using the deposit was stupid. Very stupid indeed. The fact of the matter was that this tenant had a long term relationship with the landlord which is my dad. The tenant was paying rent and not living here so my dad thought it shouldn't be a problem. I told him that it is a problem because your losing market value for the home which these tenants are not living in anyway. So i advised my pops that they should move out instead of throwing their money away. They are foreign and do not know the rent ordinances in san francisco. The tenant had taken advantage of my dad because he spoke little english. The tenant knows his rights and how to get around this. He is a lender and knows that the landlord will not take action because of their relationship, which is why I am stepping in and helping him evict these tenants for that matter. I appreciate the advice and will take it with a grain of salt. I will update you on this next month as I have spoken to an attorney to see what my options are. I will serve them with a 3 day pay or quit next month. Thank you

I guess I'm trying to understand...why would someone move out of a place and want to keep paying rent on it? I don't really get this...I imagine it isn't cheap for them to keep their stuff there? Even hiring professional movers would be cheaper, especially if this has been going on for 3 years.

I'm not saying you're lying, I just don't understand why someone would even begin to want to do something like that.

Anyway, I think Bebop gave you the best advice you'll get on it. Do it by the book with professional legal help, and you should be able to get them out of there.

[john3232]

Originally Posted by HockeyMac18

I guess I'm trying to understand...why would someone move out of a place and want to keep paying rent on it? I don't really get this...I imagine it isn't cheap for them to keep their stuff there? Even hiring professional movers would be cheaper, especially if this has been going on for 3 years.

I'm not saying you're lying, I just don't understand why someone would even begin to want to do something like that..

Yeah there is likely more to the story

In any case the op needs to contact a real estate attorney

I seriously doubt any property management in sf will take on the home with this problem

The op will need to get rid of the tenant first