Tenant Trying to Squat in Apartment

[Dino H.]

Hello,

I help manage an apartment building for my parents in the (not-rent-controlled part of) San Francisco Bay Area.

We gave a woman a six-month, end-of-lease notice (my parents were extra nice and gave her more than enough time to find a new place).  Well, the six months are almost up and she's still putting up a fight about having to leave.  Granted, it's a nice neighborhood and my parents charge low rent, so I can see why.

But we need to remodel that unit, and my (elderly) parents want me to move in there and get more involved in the management of the building ASAP.

What are my options in making sure this lady is out by the end of the six months?  I believe, since I'm a relative of the owners, I can more easily have her removed if I need to move in.  Is this correct?

Thanks!

[Ricardo R.]

Dino, can sense your concern. Is this Tenant on a lease? ... If so you would have to wait until the six months are up to do anything however, you can definitely relay your concerns to the Tenant to help ensure she does move out. 

*** Number one on your list: Unless your parent's lease with this Tenant gives you authority to deal on their behalf something along the lines of 'landlord or landlord's agents' then get your parents to give power of attorney now in order for you to be able to deal with anything regarding this property on their behalf*** 

2 - Start a paper trail, I know you said you sent out a courtesy notice to the Tenant for the move-out date. Do it again, make sure it is mailed first class with tracking - do not request a signature...  you just want proof from USPS that your notice has been delivered to her address, you do not want it returned to you if she declines to sign, be redundant in scanning the same notice and email it to her her. 

3 - Contact her either personally or over the phone, and voice your concerns let her know why you need her out by that date and what a bad position it would you put in if she didn't. If you get resistance or push-back then be more assertive but professional and let her know the consequences if she doesn't vacate by the agreed upon date i.e. loss of security deposit, increase rent amount, court filling, etc. 

4 - Offer to do a courtesy walk-through of the unit so that you can point out items that need to be addressed in order for her to get all of her security deposit back. Tenant's typically appreciate this as it shows that you are making an attempt in giving them a chance to retain their security deposit and it will also put her in the 'moving-out' mindset. Let her know that you will be there on the day of move-out to inspect the unit and receive the keys. 

5 - If she blows through her move-out date start the eviction process immediately when allowed by your state. I'm in Michigan and I have a 3 day grace period on my lease so, I my case I would be starting the eviction process on the 4th. To initiate in Michigan I have to mail a 'Demand for possession' through first class tracked mail and then wait 7 business days not including the day it was mailed in order to file with the court. You're in CA so check now to see what you need to do and how you need to do it as it pertains to your state and then do it IMMEDIATELY when legally possible if she does not move out.

6 - Send her another tracked letter (aside from what the state of CA requires you send her) stating that you have started the eviction process and the consequences that can come with it. 

I hope this helps

Alex