All Forum Posts by: Shelley F.

She plans to buy and live there. Its bare land and needs a septic. They will not allow a temporary live in RV. She has some other deals in the works (selling stuff elsewhere) and is considering hard money ad a sort of 'Bridge'

Chatting with a friend on the other side of the country this morning and she was wondering how to find a reputable hard money lender in this area of Florida. Specifically its an area she referred to as 'the hammock'.

Im clear across the country...but Ill bet someone on this board knows the area.

Thanks in Advance.

I totally agree about the reluctance to buy heating oil when they are moving...but when she refused to sign the lease one of her arguments was 'habitability'. No heat source. House has two, plus her space heaters.

Yes, I did consult an attorney and was referred to the appropriate statute in the calfiornia civil code civil code. cc1945 

I was advised that since I gave advance notice of lease renewal (60 days) and since she had agreed to sign but did not, and that I had not accepted any rent, that the terms of the tenancy had expired. (note...she did not offer to pay rent) To proceed with an unlawful detainer I do not need to serve any notice but proceed directly to file. Its only one of two instances in California where a notice is not required. (I did serve notice)

As an aside, neighbors of hers tell me she has been packing and moving out.

If I understand it correctly, in California leases dont automatically convert to M2M unless there is wording specifically to that effect. Mine doesnt convert to M2M so the lease expired. She hasnt paid either so I didnt accidentally convert it to M2M. 

Tenant was only late once in the past year. The tenant , husband and adult son were on the lease, but any time I would be there lots of others appeared to be living there as well .

I should also point out that I purchased this house in July of 2015 and had it completely cleaned and painted inside out. Some ongoing repairs too, mostly because the insurance company demanded them...new porch railings, replacing facia boards, etc. As well as installing the new windows. I just got a callback from a pest control guy who is going by to spray.

Thats my plan for the next lease expiration...but this is a high drama tenant that I dont mind moving along.

I just had a lease expire mid September. I had talked with the tenant about renewal and she indicated they would sign the new lease. Nothing in the lease was changed. I met with the tenants...and they refused to sign the lease! They were wanting to look around to move to a town with less snow as tenants husband is in a wheelchair. ( this is in the Sierras, snow level varies with the elevation) The day i met with them I was also waiting on a repair person who was going to line the chimney. That person never showed. (it was a rescheduled appointment). Tenant had a chimney fire last winter and I immediately sent out a chimney specialist to clean and inspect.

I also had my handyman there installing new windows on the kitchen. A week into the month, when the tenant had not paid her rent, I asked again about the lease renewal. (I should point out that we had been discussing it all summer and scheduling repairs, etc) She said " send it, we will sign"....and they didnt. When I inquired about it again, and the rent money, she said they will not sign, the place isnt habitable as it has no heat source! It has two...an oil monitor (with new filters) and the wood stove (common in the area) She refuses to use the wood stove and says she cant afford to buy oil.

I served a 30 day notice which was she claims is invalid as it wasnt signed by me...but for me. 

Today she tells me the place still isnt habitable as the refrigerator quit working. (This is the first I heard of this) and that there is mold in the bathroom and ants. I have a replacement fridge and a pest control person lined up. The bathroom has a new window and was repainted just last year.

Looking into eviction law here in California I see that I can go straight to filing and not bother with any other notices, since the tenancy expired with the expiration of the lease....anybody have experience with this ? (Im hoping that Sue K. chimes in)

@Stanley E. we didnt have an attorney (but sure could have) and certainly didnt use a realtor. In my case the seller had foreclosed and had been sitting on these properties for a while. I heard about them while chatting with one of my mentors and he mentioned her. I approched her directly and also set it up with a title company. There was no realtor nor attorney.

Now, a few years later, she is dealing with realtors and is being told it cant be done...