I had a purchase offer accepted on a single-family residence in Oakland, CA. The seller agreed to deliver the property vacant, but it's been a month and the tenants haven't left, so we haven't closed. The seller wants me to accept the propert...
There are a few too many variables here to provide a definite answer. You will almost certainly have to have a lawyer look at your contract to advise you properly.
One thing I wouldn't count on is "waiting for the tenants to leave." The most viable solution to keep this deal alive, if that's possible, may be to seek a price reduction, accept the property with the tenants there, and then do an owner move-in eviction. Again, that should be with the counsel of an attorney, as eviction missteps in a just cause eviction jurisdiction like Oakland can have serious legal consequences.See question
My brother has lived with my mother and I since Dec. of 2015. He has never paid rent or any utilities. In Sept of 2016 he lost custody of his son and since then has been drinking heavily and disturbing the neighborhood by screaming loudly at all ...
Any time you try to exercise landlord-type rights - especially with Section 8 and City of Oakland just cause requirements - you need to be careful and you almost certainly need an attorney's advice. It appears possible that you may be able to evict your brother as an "at-will" sub-tenant but again, you really should have an attorney look at and handle this so that it is done properly.See question
Tenants have lived in house for 18 months & now want to break their lease b/c they have purchased their own home. Their lease says I'm able to increase their rent with notice. In Jan 2017, I increased rent $200 w/a 60 day notice. They have joined ...
While you have raised a number of issues, their failure to pay this month's rent most likely subjects them to a 3 day notice, although you really should consult with an attorney to make sure it is done properly. You've identified some issues that an attorney would need to explore in more detail. If you don't mind if they move or break the lease, it gives you some flexibility in crafting a move-out agreement with the tenants, which is good. Again, you should consult with an attorney on this.See question
So I want to know if it's legal and if so how do I go about kicking out the current tenants. I live in San Mateo county in California I'm not trying to he messed up and just kick them out like that but for one there's like damn near over 10 people...
If it is your father's property, your father needs to consult with an attorney to make sure any eviction is done properly. Most San Mateo County cities do not have "just cause" eviction ordinances, so he needs to make sure the eviction is done in a manner consistent with California law, and is not done for retaliatory or discriminatory reasons. Generally speaking, if tenants are in serious violation of the lease or have caused a nuisance, an eviction can begin by using a 3 day notice, again if done properly. A landlord in a non-just cause jurisdiction can also usually utilize a 30 or 60 day notice. Deciding which type of notice to use in your situation would require a more detailed review of the situation by an attorney.See question
Our tenant is being evicted and according to court ordered documents, if he does not vacate the premise by 5:00 on 6/15 we will be given an 'immediate' writ of possession.
There are a few things missing from your query that make a firm answer difficult, including whether you have an attorney. Assuming you don't, it sounds as if you have either a stipulation for judgment, or possibly a judgment which gave the tenant time to move out. Issuance of the "immediate" writ is not really immediate or automatic. You usually have to prepare a declaration that the tenant did not vacate as agreed or ordered, and submit it per local rules along with a proposed writ of possession, as well as a judgment if this arrangement is based on a stipulation. Once you get the writ of possession from the court, you need to have it delivered to the sheriff along with the sheriff's fee. Once delivered, the sheriff usually goes out within one week, and usually returns one week later, unless there is a backup. The sheriff should stamp your copy of the writ with an estimated date (or week) for the lockout..See question
I have a single boarder that I need to evict. Do I have to give her a reason to evict? Do I have to follow 3 day notice before 30 day notice or can I just serve her 30 day notice?
You may fall under the lodger eviction statute - Civil Code Section 1946.5. While it still provides for 30 days notice, the lodger is a trespasser if still in the premises after a properly prepared and served 30 day notice expires. The statute allows you to then bypass the eviction process and have the former lodger arrested for trespassing.
Unfortunately, not all police and sheriff's departments understand or accept this procedure. You should contact the local police department to see if they are aware of and are willing to abide by a proper lodger eviction notice. If not, then its my experience you will still need to file the standard eviction action.See question
How much can rent be raised in contra costa county?
Mr. Roach is correct, and I would add that there are no cities in Contra Costa County that have any form of rent control at this time, although the City of Richmond briefly enacted a rent control ordinance which was then repealed.
So a landlord may issue a rent increase of any amount on a month-to-month tenant, or at the end of a lease term. The only real limitation is that if the rent increase is more than 10%, the landlord must give 60 days notice; if the increase is 10% or less, only 30 days notice is required.See question
Selling home & signed contract 05/19/15 with 30 day escrow. Agent explained that escrow is ALWAYS 35 to 45 days. I knew I needed more time as moving out of state. Buyer released contingencies yesterday. I resigned w/ 2 week notice today. Buyer wan...
It sounds like it is time to be more assertive with your agent and broker, and tell them to do their job, which is to represent your interests in this transaction. Your request is reasonable under the circumstances, and an offer to rent back for the short amount of time is also reasonable. If this does not get resolved right away, you may need a lawyer to get your agent/broker to do their job.See question
We have lived in a single family home for 15yrs. And have always paid rent each month NEVER have we gone a month without payment, although we have paid late on several occasions. Now, the owners have told the property manager to issue us a notice...
It's probably legal. There's a chance that a judge might - might - find that the landlord has somehow waived the right to be paid the rent within the first five days of the month. The problem for you is that the only way to find out the answer to that question is at a trial. A trial where, if you are wrong, you are evicted and have a judgment against you.
They are not required to give you a 60 day notice if the rent is late - that's a 3-day notice. The landlord may be "training" you to pay on time, or may be trying to catch you not paying within the 3 days, in which case the landlord would be within their rights to file an eviction lawsuit. In either case, it is quite likely that they are within their rights.See question
by his children. We have been told we will be arrested. I am afraid to go back to get our belongings. His kids have already had a liquidator come to the house to take pictures and get estimates. Can they do this when the house is still in probate?...
You need to speak with and hire an attorney immediately. If the situation is as you describe, you are legitimate tenants and cannot be forced out of the home. If you have ID or papers showing you live there, I would hope that the police would actually allow you back into the home, and that they would advise the current owners that they must go through a legal eviction before they can force you from the home.See question