Re: TENANT FROM HELL
- From: jik@xxxxxxxxxxxxxxxxxxxxxx (Jonathan Kamens)
- Date: Sun, 9 Dec 2007 03:35:35 +0000 (UTC)
"Mr. Charles" <Simanian@xxxxxxxxx> writes:
I have a tenant in a building i own in Santa Monica, the unit is rent
controlled. the tenant has been living in this unit for over 20 years,
when i bought the building, the tenant was already there. now i was
wondering How can i get her Out?
...
i never received a lease from the previous
owner of this tenant so she has no lease except for what she has in
her possession. and i cant ask her to give me a copy By Law. i cant
ask her to sign a new contract by law either...
How long have you owned the building? How long were the leases
typically given to tenants by the previous landlord? Is it likely that
her lease has expired? If so, then the fact that you don't have a copy
of her lease is irrelevant.
I'm no expert in California landlord-tenant law, but I think that if
she doesn't have a current, signed lease with you, and she's paying
rent monthly, then you can get rid of her by giving her 30 days'
notice that you want her out of the apartment.
There are probably all sorts of rules about how to do that, and what
she might do in response, and I imagine that if she doesn't leave
voluntarily, you're going to have to evict her, which is a long, drawn
out, possibly expensive process.
You should be discussing this with your lawyer. You do have a lawyer,
right? Being a landlord without having a lawyer who is experienced in
landlord/tenant law is simply foolish.
And if you do have a lawyer, then why are you wasting time posting
about this on Usenet? Surely your lawyer will be able to give you
better, more reliable advice then you'll get for free here.
If it hasn't been long enough since you bought the building that you
can be certain her lease has expired, and if there's no way to get a
copy of her lease from the previous owner to find out for certain,
then you're just going to have to wait to try to get rid of her until
it has been long enough that you can be certain the lease has expired.
its just that this tenant is the ultimate tenant from Hell! Literally
this
person drives me nuts. she complains every single
week about something new that has absolutely nothing wrong with it.
she has a dog that pisses all over the floor and she expect me to pay
for the carpet cleaning.
You are, of course, keeping careful records of all her complaints and
of the disposition of each one, right? You are, of course, keeping
careful records of her pet's damage to your property, which goes above
and beyond normal wear and tear and should come out of her security
deposit, right? You do, of course, have her security deposit, right?
Good record-keeping is essential. If you try to evict a tenant who
doesn't want to leave, the tenant is going to tell the housing court
that you are trying to evict her in retaliation for her complaints
about the condition of the property. If you don't have records to
prove that her complaints were groundless and/or you quickly addressed
them, you may have a hard time convincing the court that the eviction
should be permitted.
Incidentally, dog urine permanently damages the carpet as well as the
subfloor. Cleaning a urine-soaked carpet doesn't magically fix it.
If she can't keep her dog from pissing on the carpet, that may very
well be grounds for eviction whether or not she has a current lease.
Again, you should talk to your lawyer.
--
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