All Forum Posts by: Hubert Kim

Nathan is right on in getting everything in writing as it should minimize the superfluous complaints. I don't know what your relationship is with this tenant, but if appropriate, I will suggest communicating that the relationship needs to become and stay professional going forward. No landlord or tenant should be exposed to hostility from each other. If this doesn't work out, then not only demand but document all communication. If you ensure all your responsibilities are taken care of and the tenant does something in breach of lease, although it may be extremely difficult, you may want to decide at the time to evict if it makes sense. Good luck!

Yuni,

I don't have any direct experience with pre-trial settlements, but have gone through the unlawful detainer process from start to completion a number of times. Did Alameda County Court mandate a pre-trial mediation in order to try to settle before your trial?

Others have given you good advice on speaking in detail with your attorney - I hope s/he is prepared and experienced to deal with this properly. My suggestion is try to ensure your attorney is trying to minimize your losses in terms of both time to eventual removal of tenant (whether voluntarily or not) and attorney fees. You may or may not ever receive money that is owed to you by the tenant for past rent (hopefully, you will receive a judgement in which you can try to collect later), but the time the tenant continues to live in your property is rent lost going forward. In addition, the more time time the tenant stays, the more attorney fees will add up. In other words, try to expedite the process as much as possible.

From my direct and indirect experiences, I have not had the want or need to wait any longer than legally possible. My best suggestion would be to ask the court where you filed for specifics.

But again, sorry if I pry, why do you want to wait?

I am not an attorney but have gone through the unlawful detainer process several times, so I may be able to help.

I'm not sure I completely understand the situation, but it seems that you already completed the 3-day notice to cure (or pay) or quit and then have now filed an unlawful detainer for your current tenant with the appropriate court. The next step is to properly serve the tenant.  As the landlord, you cannot serve. After service, you wait until your tenant replies to the complaint (5 days after personal service, 10 days if not personal). If the tenant replies, they should mail you a copy of the response, but the best way to verify is check with the court. If the tenant does not reply, nothing happens unless you file for default.

The timeline above is pretty straight forward, but at this point, I do not know how long you can hold off on doing nothing (if that is your question). So my question is, why do you ask?

Hope that helps.

Regulations vary from city to city. Los Angeles City has rent control, or Rent Stabilization Ordinances, that may make it very costly for a property owner to remove a tenant, even month-to-month and even temporarily, for renovations. On the other hand, Bellflower does not have rent control.

If you are referring to a single family residence where there is only one unit on the lot, then it is not subject to rent control laws.

In any situation, I would encourage good communication so that you and your tenant can have a mutually beneficial, long term relationship. Hope that helps.

This sounds potentially very difficult and messy. I am sorry for your situation. I don't want to tell you should do this or that, but rather point out what you wrote and make some suggestions.

If you have not yet, are you able to verify your kids' health issues as mold-related? Whether yes or no, I would consider your situation an urgent one. I am unable to confirm from your pictures if it is mold or not, but along with your post, it may seem so. Does it smell like mold?

It appears the owner is not doing you or himself any good allowing his property to potentially go to ruin. Water damage to a property can be very costly. It seems this owner may not place high priorities on this property.

I suggest taking this situation very seriously. I am not familiar with the laws in your geographic area and will suggest you familiarize yourself on your city's and state's tenant's rights, specifically landlord obligations of habitability. For example, in California, if an unsafe condition was present due to continued leaking pipes, a tenant's rights could include making repairs and taking it out of rent or even termination of lease.

Eran, I am in Los Angeles and may have a suggestion or two. Typically, fees for rental units outside of rent would include late charges, returned check fees and attorney's fees. Plumbing and other specific repairs needed and caused by the tenant can also be added. But it sounds like you are looking for something else. Anything specific in your lease covenants? I don't know Thousand Oaks well, but under normal circumstances, violations of a lease generally lead to a notice to cure or quit in California. 

Nice reference to brown M&Ms! I suggest, at the least, reading over the main points of your Lease at signing with any new tenant. @Kris Langlois has a good suggestion as well.

@Thomas is correct in that most of your answers will be state and city specific. Due to the potential complexity of your situation, I would strongly advise doing detailed research and, if appropriate, consulting with someone who can help. If you are working with an agent, s/he should be able to help, too. But verify everything!

I may seem overly cautious, but in City of Los Angeles, CA, to do what you want may potentially require any or all of the following (even for month-to-month tenants):

• Evicting the most recent tenant through a special process
• Residing in the unit for at least 2 years
• A minimum of $7,900 in relocation assistance
• Not being able to evict anyone if all tenants are "protected" (10+ years in unit and 62+ years old or disabled)
• And of course there are more details

Some good advice above, so I don't think I can add much. I would consider speaking with the tenant though and trying to persuade an amicable exit although I realize that would be extremely difficult given the eviction situation. Next, I would consult with your attorney. I will however ask about running "the water and the hose into the street all day outside" part. If your tenant is running water from a faucet located on the exterior of the building, you should be able to put a lock on it so it cannot be used. Good luck and let us know how it turns out.