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Updated about 6 years ago on . Most recent reply

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Steve VanKast
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How should I proceed when there are multiple reasons to evict?

Steve VanKast
Posted

My California problem tenant is only 75 dollars behind on rent but had a violent boyfriend move in who is not on the lease and the whole family has been causing problems. Broken windows, doors, gates. Stealing a door off another apartment to replace one the boyfriend destroyed, filthy living conditions, daughter stealing peoples mail and discharging fire extinguisher in laundry room, etc. Police have been called many times for domestic violence etc. For some reason no arrests.

How do I start evicting them? Should I serve multiple notices to pay, correct and quit all at once? Put everything on one notice; what do I title it? Or should I serve one notice at a time, giving them 3 days to perform each one progressively?

Sincerely,

Surfsteve in Trona California.

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Marcia Maynard
  • Investor
  • Vancouver, WA
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Marcia Maynard
  • Investor
  • Vancouver, WA
Replied

If you don't know how to evict, hire a good attorney who specializes in this kind of law.  Landlord-tenant law for your jurisdiction is key. You need to understand it better than your tenants do. You also need to proceed with caution.

Is the tenant on a long-term lease or a month-to-month rental agreement? MTM agreements allow landlords more options.

As to whether you can serve multiple notices simultaneously... for most jurisdictions the answer is yes. However, every move you make will solicit a counter move, so be prepared for the fallout.

I would start with the Pay Rent or Quit notice, a notice about the unauthorized occupant, and also a demand letter for restitution for the property damage. I'd also do a comprehensive inspection of the unit. Identify every term of the rental agreement that has been violated.

When things get to this point, it's difficult to save the tenancy, so my approach would be to talk with the tenants about a move-out plan.

Do not focus on the domestic violence. Instead focus on the damage that has occurred and that there is an unauthorized occupant.

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