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

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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/