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Re: tenant at sufferance hasn't paid rent for over a year
Posted by Ralph on 2/18/09

    I should add that one would need to go through the formal
    eviction process to kick someone out, either way.

    On 2/18/09, Ralph wrote:
    > 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/

     
     

 
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