Re: How to terminate a lease for only 1 tenant - Landlord Forum thread 348148

Re: How to terminate a lease for only 1 tenant by Daniel (CA) on September 8, 2016 @14:25

The following is not legal advise nor a suggestions please check with your own council. This is only my summation of options.

step 1 : is there rent control?
2: talk to the good tenant (nothing in writing.)
3: Tell him to give you a 30 day notice to vacate and to plan on staying at a hotel or another location for up to 10 days.
4: Have him plan on moving out everything and putting it in storage for up to 10 days. Tell him you will let him move back with new roommate if he does this.
5: Have good tenant motivate the bad tenant to do the same and move out and scare her to think they will get an eviction on their record.
6: get the new temporary address of the good tenant.
7: evict bad tenant if she remains ( and you have to serve good tenant too)
8: after the notice to pay or quit expires, you will have to file a lawsuit to evict and both parties must be on the filing papers. Both are on lease.
9: after both tenants are served and there are no motions preventing it, sign a stipulation with good tenant to dismiss him from the case if he signs that he is no longer a tenant and the eviction should not go on his record.
10: move forward and evict bad tenant.
11: let good tenant pick up his own mess after being left out of your place ( as a consequence of not being motivating enough to get bad tenant out.

<<OR>> if you dont want to wait another 30 days.

Step 1 start eviction proceedings now
2: serve a notice to pay or quit
3: good tenant moves out
4: I think you have to serve the lawsuit on both even if 1 remains.
5: after both tenants are served and there are no motions preventing it, sign a stipulation with good tenant to dismiss him from the case if he signs that he is no longer a tenant and the eviction should not go on his record.
6: move forward and evict bad tenant.
7: let good tenant pick up his own mess after being left out of your place ( as a consequence of not being motivating enough to get bad tenant out. Or let him back in and rinse and repeat with the PITA choice of roommates.

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Re: How to terminate a lease for only 1 tenant by Daniel (CA) on September 9, 2016 @21:53	[ Reply ]

not legal advise was at the heading. Instead of name calling, how about some people with experience and knowledge weigh in. What's wrong with evicting in option 2? This is exactly the process I am going through here in CA. We have rent control and a simple eviction is going on 11 months already. (with an atty) What's wrong with option 1 if you settle with the good tenant to leave and offer an option where the eviction will not be placed on his record if he cooperates? And yes only cowards keep it anonymous or maybe they just don't know how to register.