Eviction (by Brian Victir [CA]) Oct 8, 2018 3:41 PM|
Eviction (by plenty [MO]) Oct 8, 2018 4:27 PM
Eviction (by Vee [OH]) Oct 8, 2018 5:53 PM
Eviction (by NE [PA]) Oct 8, 2018 5:55 PM
Eviction (by Jerry [MA]) Oct 8, 2018 5:55 PM
Eviction (by Robert J [CA]) Oct 8, 2018 7:19 PM
Eviction (by Salernitana [CA]) Oct 8, 2018 8:12 PM
Eviction (by BRAD 20,000 [IN]) Oct 8, 2018 8:26 PM
Eviction (by S i d [MO]) Oct 9, 2018 4:54 AM
Eviction (by Roy [AL]) Oct 9, 2018 5:11 AM
Eviction (by Salernitana [CA]) Oct 9, 2018 7:27 AM
Eviction (by Brian Victir [CA]) Posted on: Oct 8, 2018 3:41 PM
I have an illegal garage conversion with a family of five people living in it. This is all located in Oakland, California. The city 10 months ago ordered us to convert it back to a garage and we got fined. We have paid the fines. City officials will be coming back in about a month but my tenants cant seem to find another place to relocate too. Our relationship with our tenants is bitter sweet. How can we file an eviction notice on these tenants so we are able to tear the place down and convert it into a garage. The city officials want too see this. We are very confused on what next steps too take without spending too much money. We just need these tenants to get out ASAP. Any advice would be appreciated. --209.209.xxx.xxx
Eviction (by plenty [MO]) Posted on: Oct 8, 2018 4:27 PM
What have you done so far to ask them to leave? The fact that they can't find a place to move to is not your worry, problem or concern. Maybe time to get legal council. --99.203.xx.xxx
Eviction (by Vee [OH]) Posted on: Oct 8, 2018 5:53 PM
Why not make a copy of the violation, you have 7 days or the city will fine you thru me for not moving. --76.188.xxx.xx
Eviction (by NE [PA]) Posted on: Oct 8, 2018 5:55 PM
Have the city condemn it --50.107.xxx.xxx
Eviction (by Jerry [MA]) Posted on: Oct 8, 2018 5:55 PM
Hire a lawyer to deal with. Also, consider selling the property to a landlord that understands the law and is able to properly manage their properties. --71.233.xxx.xx
Eviction (by Robert J [CA]) Posted on: Oct 8, 2018 7:19 PM
For collecting rent on an illegal apartment, sometimes a City/Judge will make you pay back all rents received from an existing tenant. I would pay the tenants to leave, after they sign a paper and hand you the keys.
I had an illegal garage conversion in an apartment complex. While I delayed closing escrow on the purchase of this multi-family, I pulled the permits and got it approved, permitted and added to the Housing records. After I closed escrow and owned the property my tenant in the garage conversion said, "I'm not paying rent anymore and want $20,000 to relocated" -- the amount required by Los Angeles. SO I took my tenant to court. The judge was going to rule against me -- that's until I pulled out the "Certificate of Occupancy", "Permits" and "Paid Housing RSO Fee's". Then I won the eviction without having to pay any relocation costs. --47.156.xx.xx
Eviction (by Salernitana [CA]) Posted on: Oct 8, 2018 8:12 PM
I'm not sure if you would like to head to court without a lawyer if that what it's going to come down to. You might consider at least sending an email to Todd Rothbard who's an eviction attorney in the Bay Area. Although he's in West San Jose, he and his office handle throughout the area. He charges a flat fee, and I heard that his prices are reasonable. I once contacted his office with a ton of questions about an easy procedure and received lots of free help over the phone and throught email. I ended up not hiring him because the tenant ended up paying. Another attorney is Peter Liedetman in Berkeley. I once saw an open house in the Berkeley Hills, and supposedly a family had to evict a tenant who didn't want to leave a small in-law quarter on the property. The realtor told me about Peter.
I understand a bit of what you're going through, and I actually know both tenants and landlords in the area who were in similar situations.
As an aside, people usually just make up names when they create a post on this forum, and you don't need to put your real first and last name if you choose. Best of luck and hope that your tenants find somewhere that they like soon. --107.3.xxx.xxx
Eviction (by BRAD 20,000 [IN]) Posted on: Oct 8, 2018 8:26 PM
You have to adjust your thinking to reality.
You have been taking money all these years illegally. YOU are breaking the law.
You were notified and fined 10 months ago and still have not followed the law. Get ready to pay another fine soon, which will probably be hefty and might include jail time, unless to come to reality.
City officials get really nasty on topics like this.
People don't make life changes until they are FORCED by some kind of deadline with a penalty.
Give them written notice to vacant well before the deadline (because you still have construction work to do).
At this point m best suggestion is Cash For Keys - once out by the deadline YOU make you will give them $XXX. I suggest a month's rent to cover the deposit on their new place.
And no, I don't buy the excuse they can't find anywhere. That's THEIR problem and is probably just an excuse.
Get online and on the phone, call your fellow LLs and help them find a place.
Eviction (by S i d [MO]) Posted on: Oct 9, 2018 4:54 AM
Go to their home today with one package in each hand.
In your left hand, a notice to vacate by Friday, Oct 12th, 2018, along with a $1,000 check made payable to them.
In your right hand, an eviction notice listing all of their names along with "et al" to ensure you get everyone else who is temporarily squatting there, to be filed in court at noon tomorrow if they have not accepted your left hand offer.
Show them both package and tell them they have 24 hours to choose ONE or the OTHER. There is no third choice. There are no "buts", "ifs", "ands" etc.
So good news! Everything should be fixed by Friday. --173.20.xxx.xxx
Eviction (by Roy [AL]) Posted on: Oct 9, 2018 5:11 AM
What is it that makes the garage apartment illegal? Do you have 15 Mexicans living in there and no running water?
What it will take to make it legal? --68.63.xxx.xxx
Eviction (by Salernitana [CA]) Posted on: Oct 9, 2018 7:27 AM
I think that due to the disastrous fire at the Ghost Ship warehouse, perhaps the City of Oakland now cracks down especially hard on converted garages and the like. With housing being very expensive all over Oakland, I could easily understand how anyone would not want to move out of a place if the rent is reasonably priced;common tenants might include engineers, artists, persons in the trades, etc.
Anyway, like S i D noted, it would be good to compose an eviction letter that names everyone who is living there with whom you have noted in any previous lease you all have signed. I've heard of people receiving five figures to leave rentals in SF and Berkeley, so you might talk to local Oakland landlords as to what they do or did if it helps.
If and when the tenants leave, please do secure the property well so that no one can return. I've heard about a bunch of squatters who broke into a newly renovated house on the market in the Oakland Hills who were able to establish residency and trashed the place after thirty days until the owner could gain possession.
Best of luck, and please share what happens if you run into any issues. --107.3.xxx.xxx