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Old 07-18-2015, 12:04 AM
 
169 posts, read 152,592 times
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California, gives people rights after 30 days of occupancy. But how does that work? What if check in is 2 PM on the first day and check out is 11 AM on the 30th day. It might take a few hours to get the Sheriff out to remove a squatter.

Are any of you California renters? Should I do a maximum 29 or 30 day home rental?
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Old 07-18-2015, 12:28 PM
 
Location: Riverside Ca
22,146 posts, read 33,524,353 times
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What are you trying to accomplish? I'm assuming you're attempting to stop a temporary occupant from becoming a permanent resident?
You're not gonna keep any tenants if you try to play games. People like to see stability and with lots of LLs playing stupid games they get tired.
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Old 07-18-2015, 12:54 PM
 
10,746 posts, read 26,015,105 times
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Quote:
Originally Posted by Electrician4you View Post
What are you trying to accomplish? I'm assuming you're attempting to stop a temporary occupant from becoming a permanent resident?
You're not gonna keep any tenants if you try to play games. People like to see stability and with lots of LLs playing stupid games they get tired.

They are doing short term vacation rentals, 1-3 mths, and they are considered that their short term vacationing families are going to squat in the home.
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Old 07-18-2015, 01:42 PM
 
Location: West Virginia
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WOW Seems to me you need to wait til they are late then start eviction process NO Way the law is going to kick them out without going the eviction & court!
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Old 07-18-2015, 01:53 PM
 
169 posts, read 152,592 times
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Quote:
Originally Posted by Katie1 View Post
WOW Seems to me you need to wait til they are late then start eviction process NO Way the law is going to kick them out without going the eviction & court!
No. You DON'T want to wait. You call the Sheriff and haul them out before they can become a tenant. This you take no chances on. But I'm just wondering what others do. When does day 31 begin? 1 minute after the hour of original check-in time? At 12 midnight? And do people give themselves a day cushion and just make it 29 days max stay?

Quote:
People like to see stability and with lots of LLs playing stupid games they get tired.
You call it stupid games; I call it protecting myself so that I don't have to pay $10,000 in lawyer fees and 3 - 6 months in lost revenue because I have a squatter in my house.
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Old 07-18-2015, 05:56 PM
 
Location: Riverside Ca
22,146 posts, read 33,524,353 times
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Quote:
Originally Posted by hyuk17 View Post
No. You DON'T want to wait. You call the Sheriff and haul them out before they can become a tenant. This you take no chances on. But I'm just wondering what others do. When does day 31 begin? 1 minute after the hour of original check-in time? At 12 midnight? And do people give themselves a day cushion and just make it 29 days max stay?

You call it stupid games; I call it protecting myself so that I don't have to pay $10,000 in lawyer fees and 3 - 6 months in lost revenue because I have a squatter in my house.
Well your post was pretty confusing. I wasn't quite sure what you are asking at first. And protecting yourself is one thing. I'm all for that. I was assuming you were doing yearly lease but trying to throw some obscure clause to prevent a tenant from being classified as a tenant rather than a visitor so you can kick them out. It sounded like you had year long leases but trying to play games.

If you dont want squatters just do weekly rental term. They can stay there for three months but they are on a weekly term agreement. Take a hefty deposit for damages. And rent is paid weekly. And in some cases. Because it's a weekly vacation rental all is needed is a week notice. I would check with a attorney in your state

Since now I know a bit more I suggest
1. You first and foremost need to go and find a good RE attorney. Explain to him what you are looking to do on your vacation rentals and have him write you a lease that is customized to your need/case. That's what I do in my rentals. Each has its own agreement tailored for that property. A boilerplate lease simply can't cover the nuances. Most boiler plate leases aren't worth the paper they are printed on.

2. Go and research a local landlord/Real estate group that deals with renters, rentals and real estate. Then join them. Those groups are great for kicking ideas around. And lots of great free advice.

3. I have rented houses for vacations. It's never been for three months term. Two weeks at best.

Last edited by Electrician4you; 07-18-2015 at 06:24 PM..
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Old 07-19-2015, 01:58 PM
 
169 posts, read 152,592 times
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Quote:
Originally Posted by Electrician4you View Post
If you dont want squatters just do weekly rental term. They can stay there for three months but they are on a weekly term agreement.
In California you can't skate around the 30 day law. Any contract terms like that are null and void. They have to physically move out (with ALL of their stuff) in order for the term to end.
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Old 07-19-2015, 02:28 PM
 
Location: Riverside Ca
22,146 posts, read 33,524,353 times
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Quote:
Originally Posted by hyuk17 View Post
In California you can't skate around the 30 day law. Any contract terms like that are null and void. They have to physically move out (with ALL of their stuff) in order for the term to end.
You're not gonna be able to skate around it like you think. You can however have the right lease written and take correct steps to protect yourself as much as you can.

I know plenty of people who do short term 1-2 week and 1-2 month rental agreement to snowbirds. They never have any squatter issues. And they are in california also. At one of my rentals a neighbor ONLY does weekly rentals and monthly to snowbirds. He said the last time he did a year rental was 15 years ago.

One other friend know does executive rentals. 2-3-4 month terms. Furnished all paid utilities internet included. Still in california. He's never had any issues

There is a difference between a rental agreement and lease agreement
http://www.nolo.com/legal-encycloped...hapter2-2.html


Quote:
Originally Posted by hyuk17 View Post
California, gives people rights after 30 days of occupancy. But how does that work? What if check in is 2 PM on the first day and check out is 11 AM on the 30th day. It might take a few hours to get the Sheriff out to remove a squatter.

Are any of you California renters? Should I do a maximum 29 or 30 day home rental?

Are you looking to rent to one person/family for over a 30 day period? Are you renting completely furnished or unfurnished units?

Last edited by Electrician4you; 07-19-2015 at 03:00 PM..
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Old 07-19-2015, 09:59 PM
 
Location: Silicon Valley
18,813 posts, read 32,495,141 times
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There is no 30 day rule in California.

Anyone can end up staying longer than their contract says they can.

Anyone who pays you to rent your property, whether it's one day or a million, is a tenant who has tenant rights under the law.

Something to consider is if your property is in a municipality that limits short-term rentals. Some limit the length of stay, and also require you pay a special tax.

Perhaps this is what you're talking about? If so, as long as you can show that their contract said it would end within the correct time frame, and you immediately took steps to evict them, I can't see how you would be found guilty of breaking that ordinance.

Here's some info:

Legal Restrictions to Renting Your Home on Airbnb or Other Rental Services | Nolo.com

Landlord/Tenant Book Index - California Department of Consumer Affairs

Without more specific info, nobody here can really answer your question.
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Old 07-19-2015, 10:12 PM
 
Location: southwest TN
8,568 posts, read 18,106,143 times
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It sounds to me like the OP is trying to do the hotel 30 day stay after which the occupant becomes a tenant and not a guest.

In order to take advantage of that law, I believe you'd have to register the property as a hotel/time-share whatever the statutes are in CA. That's for the OP to look up - or ask his attorney.
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