Q: Tenant no longer paying rent and no COVID loss best way to start an eviction. We wanting to take unit off rental market?
We have no oral or written lease agreement with this tenant. She had an oral agreement with our mother who passed away and this agreement expired in august and she just stopped paying rent. We live out of town and would like the unit vacant and off rental market. We may use unit for our personal use.
A: First you have to review the COVID moratoriums on Evictions for the area in which the property resides to be sure there is no restriction on your eviction of this tenant. Then you should consult an eviction attorney in your area to be sure you did not miss something. Next, you might serve both a 3 day notice to pay rent or quit and a 60 day notice (30 if she was there less than 1 year) to terminate the tenancy on the basis you are removing the unit from the market. You are obligated to provide 30 day's rent as a moving assistance if she has been there more than one year, you could advise her you will give her credit of 30 days on her past due rent. Whatever you do, I will wager 50 Cents that it won't be easy to get her out and you will probably require the assistance of an eviction attorney to get her out.
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A: First of all you need to retain an attorney in the area where the property is located. Most cities have COBVID-19 regulations, as well as the State of California, that have a moratoriun on evictions for any reason until next year. The rules are a bit tricky and can change at any time.
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