Re: tenant at sufferance hasn't paid rent for over a year

More | Report Post

This seems like a classic case of tenancy at sufferance. A
tenancy at sufferance is when a tenant stays on the property
after the expiration of the lease. The payment of rent would
mean that there would be no tenancy at sufferance, but rather
an extension of the lease (maybe unenforcable without a
written contract, however).

http://www.answers.com/topic/tenancy-at-sufferance

On 2/18/09, -- wrote:
> On 2/18/09, Ronda wrote:
>> a client says he bought an apartment building a couple of
>> years ago and remodelled it. A tenant from the prior owner
>> has remained but not paid rent since. How does he remove
>> this person who he believes pretends to speak very little
>> english when he confronts him to leave or pay rent. This
>> client landlord has also been affected by the subprime,
>> unemployment, and State of California economic woes, so he
>> would like to minimize his legal expenses. He has written
>> and spoken to the tenant to leave many times. The tenant
>> only wants to pay $400 for a newly remodeled 2 BR which is
>> unacceptable to the landlord and says he has no place to
>> go.
>
> Sounds like a hypo. OK I'll bite. First of all he is not a
> tenant at sufferance because a tenant at sufferance is a
> tenant who remains on the property after the lease expires
> and continues to pay rent. This is a straight forward
> eviction case. If a landlord of an apartment doesn't know
> how to follow his state's eviction process he really should
> pay an attorney to learn how to do it because he will likely
> face the same problem in the future as the economy continues
> to deteriorate. See the following .gov site for self-help
> eviction in CA:
>
> http://www.courtinfo.ca.gov/selfhelp/other/landtenudforms.htm
>
> Several companies offer eviction process service and will do
> the entire eviction for around $500. Here are some more
> helpful links:
>
> http://fullcountservices.com/lending-services.htm
>
> http://www.expressevictions.com/