I’ve a question and in need of your valueable advice. Here is my story. I’m in california. In my rental property, I’ve one guy name A he is the good tenant and on my least contract. One day B move in with him as a roommate. B is not on A least contract and never be in lease agreement with us. After 20 days A move out with out notify us take all of his belonging with him. Now B staying alone and bring by new frind call C as his guest or roommate. We said we don’t allow C since both of them is not on contract. B still allow C now it’s 30 days already. What is our option to remove both of B and C out. We can’t find A no more he may have moved out of town already. Can I call police for traspassing ? Do I’ve to start eviction process ? Please advice.
Police won’t do anything unless A signed he’s moving out at the end of the month. If A did (or if you can find him and get him to sign it), then you could tell the police you rented it to someone else and they already paid for the apt. and signed they were moving out of their previous place and have no other place to go and B&C have to get lost. In that case, they might tell them to leave or they’ll be charged with trespassing regardless of the landlord tenant act, but it’s still up to the discretion of the officer.
Anyway, what does your lease say about reassigning apartments? That may be of some guidance.
Before you evict them, try to negotiate with them. Evictions cost money and can be lengthy. You may be better off just to pay them a few hundred bucks to leave.
Before you do anything, find out who they are. First, tell them your lender needs to know who’s renting it as a condition of ongoing financing or your insurance company needs to know who’s in there to continue the policy or you’ll evict. Tell them they need to be approved and have to fill out their own applications so they know who’s in the building. Then, if you do file for an eviction, you can give the judge cause as to why you don’t want to reassign the apartment to them like they have bad landlord or work references or lied on their application, etc. It’ll make things easier for you if they do challenge the eviction. Or, you may decide you want to keep them after seeing how they filled out the application. First you need to be the fox and get more information on them and negotiate, then you can be the lion. It’ll save you a lot of heartache in the long run.
Sorry, but they have managed to get in there legally. Give them a 30 day notice to move out. Make it out to “tenant’s names (if you know them) and all others”, in case they move someone else in.
Or you could offer to pay them to move out and leave the property in good condition.
Your mistake is that you should have given A a written notice that he could not have B move in to the apartment and that he had to get him out immediately. That should have been given the second that you learned that B had moved in.
By the way, A owes you rent and damages until you get the place back. He’s the one on the lease. If you can find him, tell him it’s going to come out of his pocket and he might be able to get his friends to move back out.
I hope you took an application from A. You should have his work place and names of friends where you can leave a message for him.
B & C not good is because they used to be living together in my other unit and it wasn’t work out. Those time C left so B only one living in that unit. After that B ask A to help by move out from that unit and living with A. From then on the story as you seen.
My lease say we are not allow to sublease.
Thx a lot davewindsor, and tatertot I gain new knowledge from you guys