Re: Tenant situation: reqesting legal advice - Posted by Mark (SDCA)
Posted by Mark (SDCA) on March 08, 1999 at 15:24:17:
Q: Why is her old lease agreement void? Most leases I have seen have a provision saying when the lease ends, it converts to a month to month on the same terms, blah, blah. SO there may be some agreement in force.
IMO, not having some type of current, written agreement is bad for you. Some courts still view tenants as the downtrodden and landlords as the rich robber barons. (Never mind that you are barely covering your nut and the tenants are professional deadbeats who use the system trash the place and not pay rent.) Get something in writing.
If you want the tenant to leave, you absolutely MUST go through the eviction process. She is there legally and is probably still under some rental agreement. And dot all your i’s and cross all your t’s. You, as a property owner have a lot to lose (ie the house). The tenant may very well have nothing.
My advice is to get an attorney who specializes in eviction. I have one who charges me 100 bucks (plus 25 dollars to serve) for an eviction. It is cheap and I know it is done right (ie it prevents me from doing something stupid out of ignorance that creates a huge liability problem). Also, he should give you a consultation on this situation for free. Hope this helps.