All Forum Posts by: Steve VanKast

I've done evictions before but never one this bad.

Are we recommending 3 different notices, pay or quit, unauthorized tenant and restitution of property?

I'm thinking it might be better to send them all at once and use the nuclear option rather than send each one individually though I might manage to get an extra months rent for January I think dragging it out would piss off the tenant and make things much worse in the long run giving them a greater chance to further damage property and possibly injure myself and other tenants.

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.

This is a very small rural town with no rent control. I haven't raised rents in a while and would like to only raise rent on newcomers and see how it goes over, before I consider raising any of my older tenants. I also would like to explore accepting section 8 vouchers; but it is illegal to charge more for them.

Is there any law in California that prohibits raising rent only on new tenants coming into my apartment complex?  What if I want to raise the older tenants up a little bit in the future? Can I adjust rents based upon how long someone has been there as long as I don't descriminate in any other way?  

An older friend died who had a daughter. She had no will and claimed she "signed her house over to Medi-Cal in order to receive benefits. The tax role says it's still in her name. The daughter has not reported the death and was planning not to and just letting "them" take the house because she assumed there was more debt on the house than it was worth.

I like the house. It's right next door to my apartment complex and it's in horrible shape in a run down rural neighborhood. Kind of my specialty.

I called Medi Cal asking questions in general and they didn't have a clue. I assume the house would go into probate and that their debt is more than the house is worth. Where do I go from here? I thought perhaps to make a token offer to the daughter for a quit claim deed and have her or me report the death to Medi Cal and finding out how much is owed. There may also be some Medi Care or other debt.

Seems like a quit claim deed from the daughter would be enough to pay a title company to do a title search. Would the Medi Cal debt show up on that or would I have to wait till after the death is reported to them to find that out? I know nothing about how probate works. Should I ask the daughter to appoint me as executor of the estate in order to let me deal with the court in addition to a quit claim deed or be going another route entirely?

If there is more debt than it's worth I'm thinking that the court will order the property sold to pay for it.  Perhaps I'd be better off trying to buy it outright from whoever the court appoints than buying it from the daughter.