Eviction In Ca- How Can I Serve Them?
I am acting as an agent in a deal that was due to close escrow Monday. However, the property is rented out and the the tenants have refused to leave based on the 30 day notice to terminate. They want us to pay them or give them another 30days. My client do not have the money to pay them or the time to wait another 30 days (the house is in foreclosure). My client has file the unlawful detainer. But can not get them served properly. The tenants will not answer the door. He does not know where they work. What can he do?
Help. Do anyone know of Eviction attorney in Long Beach, CA? :evil:
You serve your notices just bang on the door. After the services you file the UnlawfulDetainer action and if they show up there is a trial and if they do not show up you get a default judgement. You abstract the judgement and take it to the Sheriffs and pay them a fee and they in time when they get around go out and bang on the door and post the property one more time and then they give them a short period of time to get their stuff together and get out. If not they come in and escort them to the curb line. Go back in the house take an inventory. Give you a key to the place and the inventory list and you are now back in possession. Wave at the tenants on the curb, they will wave back. I suggest you then make arrangements for them to get their stuff. If not you post and advertise and sell all of their stuff.
I avoid all of this by talking to the tenants. There should be some money to help them move. You are really working close if there is none. Perhaps you are greedy or cheap. Cure these traits they are not attractive and tend to limit your life span. Nothing makes a man flip out more then seeing his wife and kids standing on the curb with no where to go. He is liable to stick a gun up your nose and believe me that hurts.
The essence of proper real estate practice is learning to cool everybody out. You make an offer that is so low, he throws you through a window. Now I am old and fat and that really smarts. So I advise the nice man to tell me what he wants. He tells me. Oh my god is he high. I stagger around clutching my heart. I make a counter proposal. He clutches his heart and staggers around. We both start laughing. The wife gets the beer and two friends sit down and work it out. Learn this, I hate powder burns all over my nose. I learned this early in life. I had to I was small and afraid.
During my early childhood as a Fighter Pilot in the RAF and USAF, some of my best friends were Luftwaffe Pilots. We became the best of friends. That is right after I shot them down We used to invite them into the mess for supper, right before they took off for Prisoner of War Camp. .
Cheers Lucius
The tenants are most likely not lawyers, so you can't expect them to understand the legal details of the forclosure. They will only understand that they have a lease and that lease promises them 30 days notice before they have to vacate.
If you put yourself in their shoes, it is hard to blame them for dragging their feet. They probably paid their rent on time and they are not the ones going into forclosure. You may have the legal grounds to evict them, but it doesn't sound like you have the moral or ethical grounds.
From what you wrote, it sounds like you should sit down with them and work out a solution together. Any solution that makes them happy will probably cost you money, but hopefully you have enough of a profit worked into this deal that you can afford to pay them to make the whole thing work out.
Good luck with whatever you do. I am interested to see how this all works out.
Pending foreclosure notwithstanding, the tenants have rights under the landlord-tenant laws.
Leased property is sold subject to the existing lease. Your buyer will have to honor the lease or pay the tenants to relocate.
Tough situation. I think that as of January 2003 tenants are entitled by law to receive a 60day notice. I don't remember if this is just in LA or effected all of California. Anyway the best solution seems to talk to them and work something out. Taking them to court, in LA, could very easily take 90 days just to get through to a judge. And judges tend to favor the tenant in a lot of cases. I found an attorney through the ads in the back of Apartment Owners Association magazine. I don't have a strong recommendation or a number to call but you can start there. Also the Pre-paid legal ( not an advertisement!) folks will tell you that they can get you a lawyer that will work your case. I used them to get a seller to honor our deal. Still working out the judgement, almost a year later, but I am getting things done the right way.
Thank you so much for the advice. The new law does state a 60day notice is needed, however, there are exceptions and we've met them all. I think it would be best to work out a deal with the tenants, if it is not too late. They are very resistant at this point. I have had four people tell me to pay and move on. So, that is what we will try to do. Thanks.
Yes! www.evict123.com and there are process servers to do the job. So far, you have done the right thing: if folks start being open to blackmail, we all would have more of this kind of thing. // there are other thigns you can and should do. 1.) Do you have their SSN #? Poste them on www.Landlordfile.com it only takes 2 minutes. 2.) Report them to credit bureaus - $ 20 bucks should buy several notices and then these deadbeats might realize that they are hurting their credit BIG TIME!!!
in LB, (used to live there) there used to be the marshals service in the court building in downtown.
In OC and LA it was the sheriff that did it.
For 25 buck they did a great job, and if it was sub-served, the judge would believe a marshal where as if it was a private process server, they might not.
private process server can be scummy.
I have one knock on my door, I was hung over so I rolled over.
About 3 wks later I'm in the front bedroom, they window's a jar, and I notice there's a lawsuit sitting on the floor.
opps.