How to evict this tenant? (Los Angeles, Berkeley: real estate, apartment, renter) - California (CA) - Page 2 - City-Data Forum

Mt-7 · 06-14-2009, 05:05 PM

so you have no recourse if they are violating the terms of the lease? Time to document, document, document my friend.

BennyPhoenix · 06-14-2009, 06:49 PM

You need to call the police EVERY TIME anything happens that is a nuisance or crime. Get the other tenants to also call EVERY TIME they see/hear/believe something is a problem.
Call the LA city attorney and explain what is going on. Tell them that you think he is selling marijuana; maybe he is. They have a procedure for dealing with this kind of tenant. It takes time for the eviction to take place,but this is the only legal way I know of dealing with this.

katenik · 06-14-2009, 07:23 PM

Don't you have a clause in your standard lease that makes it a violation of the leasehold to commit a crime on the property? Well, marijuana possession is still a crime!

mading6 · 06-14-2009, 11:40 PM

Quote:

Originally Posted by katenik

Don't you have a clause in your standard lease that makes it a violation of the leasehold to commit a crime on the property? Well, marijuana possession is still a crime!

Yes I do but then you have to prove it.

I agree with above and I have decided to A: put video surveillance on my property this week. I already contacted the company and I am meeting them Tuesday.

B: call the police every time.

Thank you all for your input if you have any more advice I would greatly appreciate it. Thank you!

Kimberly60 · 05-10-2010, 02:27 PM

I know that you stated that the terrible tenant had a lease and then converted to month-to-month. Do you provide Tenant Rules and Regulations to your tenants? If you do the same rules apply even though a tenancy changes from lease to month-to-month. If you didn't provide Tenant Rules and Regulations you need to present ALL of your tenants with rules. You can get a generic form from Staples, etc. Be sure to add a clause that address excessive noise, drug use and domestic violence on the premises. You must serve all of your tenants to avoid any type of claim of discrimination. Also, there is a loophole in the rent stablization statute. You are the landlord but you can provide discount rent to part time on-site manager in exchange for collecting rent (you can put a lock box on the side of the tenant's door) and taking calls for maintenance. You can legally give the terrible tenant a 30-day notice to move because you want to move an on-site manager into their unit.

Curmudgeon · 05-10-2010, 02:30 PM

Torch it!

mading6 · 05-10-2010, 02:49 PM

Quote:

Originally Posted by Curmudgeon

Torch it!

Yeah that is what all my friends say about rent control: better off torching it.

Pretty bad.

intelfan11315 · 05-10-2010, 03:24 PM

In most of the leases I have signed, there is almost always a clause that gives the landlord the option to evict me if I am misusing the property with drugs.

Queenslyn Person · 01-29-2013, 08:32 PM

This is nasty, but I've seen it done: do you own the building? If so, first of all stop any and all agitation about him. Leave him be. Because you're now officially up to something.

Turn over complete ownership of the property to a "new corporation" (put it in an intelligent and sympathetic relative's or friend's name - someone who is good with money and numbers, and who looks good in a suit in case this goes to court), and notify all tenants including this deadbeat they must be approved by the new management or move out within 90 days. Offer them help to move if they need it, and good references.

Have "new management" accept every other tenant except the deadbeat's, and have "new management" claim the deadbeat was rejected because of new and higher, tighter credit standards the deadbeat no longer meets. Tell him it's out of your hands.

Have "new management" and their attorney force the deadbeat tenant out, meaning he either moves out on day 91 or you change the locks and defy replevin. On pain of your job working for "new management", of course. Tell him there's nothing you can do.

Then if he sues, which he won't, have "new management" show up with his or her lawyer, present proof all tenants were notified of the change in management, which absolves them and you of any and all exposure. And if he returns to try to see if the other tenants got to stay while he didn't, hit him with trespassing and multiple restraining orders.

If this is a dope deadbeat, it'll take exactly two experiences with that to shake him loose and make him shuffle off to weaker prey.

Then switch ownership of the building back to yourself.

Problem solved.

mading6 · 03-17-2013, 10:51 AM

Quote:

Originally Posted by Queenslyn Person

This is nasty, but I've seen it done: do you own the building? If so, first of all stop any and all agitation about him. Leave him be. Because you're now officially up to something.

Turn over complete ownership of the property to a "new corporation" (put it in an intelligent and sympathetic relative's or friend's name - someone who is good with money and numbers, and who looks good in a suit in case this goes to court), and notify all tenants including this deadbeat they must be approved by the new management or move out within 90 days. Offer them help to move if they need it, and good references.

Have "new management" accept every other tenant except the deadbeat's, and have "new management" claim the deadbeat was rejected because of new and higher, tighter credit standards the deadbeat no longer meets. Tell him it's out of your hands.

Have "new management" and their attorney force the deadbeat tenant out, meaning he either moves out on day 91 or you change the locks and defy replevin. On pain of your job working for "new management", of course. Tell him there's nothing you can do.

Then if he sues, which he won't, have "new management" show up with his or her lawyer, present proof all tenants were notified of the change in management, which absolves them and you of any and all exposure. And if he returns to try to see if the other tenants got to stay while he didn't, hit him with trespassing and multiple restraining orders.

If this is a dope deadbeat, it'll take exactly two experiences with that to shake him loose and make him shuffle off to weaker prey.

Then switch ownership of the building back to yourself.

Problem solved.

In Los Angeles rent controlled buildings the new owners cannot evict any remaining tenants for the reasons you stated above. When my family first purchased the property I wanted to evict every tenant, renovate the building and move in new people, an overhaul. Illegal to do that amd if it was legal than rent control wouldn't exist. In places where there isn't rent control I could do that.