The mentally ill tenant’s last day is supposed to be Sept.30 (yes, he got served the proper legal notice within the correct timeframe, no fault termination of tenancy because we’re selling the house etc etc).

He has TOLD me he’s not going to leave until the end of November when he thinks he will get a place because he’s on the waiting list for when the building opens. I told him we would start eviction proceedings on October 1.

Two problems as I see it…

1. Our pursuing an eviction will cost us money and time, & he will probably be able to stay 3 to 4 months “free” because this is California (San Diego county, but not in the city of San Diego) It’s difficult to show a house for sale if the tenant is still in it. Plus this really ticks me off!

2. The property manager at his tentative future digs is sending me a form to fill out, probably asking me questions about him and his tenancy. If I answer honestly, he probably won’t be approved & won’t have a place to move to and I’ll be stuck. If I refuse to answer or answer with some lame non-committal words, he probably won’t have a place and I’ll be stuck. If I ‘wordsmith’ the answers, will the property manager see right through it? & I’ll still be stuck with him one way or another. I don’t want to outright lie just to get them out, but I might fudge a bit.

If you’ve gotten this far, thanks for reading. I ask you to be gentle with your answers, comments, or ideas please. I’m very upset about this and trying not to be ticked off and I’m trying not to want to retaliate because I’ll be stuck with him for who knows how long. Thanks!

The Apartment Association of San Diego County is awesome I did my undergrad internship there.

The way I see it is the landlord is being placed out of the leadership position. That is absolutely offensive professionally. But if you pursue that issue it is going to cost you money. There is no guarantee that he will be leaving on that future date either. He might pay rent then again, if you file the payments stop.

If you follow up with the eviction that is going to be costly, if you don't follow through - that too is going to be costly. I would hope you sit down over a cup of coffee and a clear head and calculate these cost.

I would suggest making this about them by saying something like - I understand the hardship that you will be facing by moving ahead of schedule. I plan on giving you an extra $$$ if you return keys on or before my eviction file date. Understand that if an eviction is filed, you will probably not get that home that you are awaiting for. You are in the drivers seat, but we don't want you to have an eviction on your record for the rest of your life. That will limit your housing choices for the next xx years

Issue 1: you have two "hards".... a non-paying tenant vs a costly eviction. There is no "easy". So, in the words of someone wiser than me, you have to "choose your hard."

The hard I would choose is evicting as soon as possible. That's the only way you get a guaranteed date by which this mess ends. Everything else is a wish and a promise: "I wish he would pay his rent... I wish he would move out... I wish (fill in the blank)". And as another wise person said "If wishes were horses, then beggers would ride." If you end up back here Dec 1st with your tenant still thumbing his nose at you... well, you will regret not taking action.

Issue 2: Treat others as you would like to be treated. This tenant is your problem. Dumping him onto someone else... eyew. No. We all have hard situations where we get to choose how much our integrity is worth to us. Integrity is easy to maintain when it costs us nothing. So if you do anything, do it honestly, though it may cost you. Or simply do not respond.

Issue 3: You're investing in California, a tenant-friendly state that has many ways to make your life miserable and your investment sub-optimal. Why? Do you believe CA is going to change laws to be better for landlords or will they get even worse as the Lefties continue to reign supreme? There are plenty of better states to invest in, where private property rights are respected. A good PM is cheaper than a bad California tenant. Consider selling and redeploying your investment $ elsewhere. There is nothing that requires you live in the same town or state as where you invest. Or if you insist on keeping your investments close by, then consider 1031 exchange into commercial property, which has far fewer regulations and laws that put you at a disadvantage.

Sid, she is already planning to sell the place.

FabricGal, I think you mentioned that this tenant has a family member that is his handler? If that is so maybe talk to them, explain the fact that you really don't want to file eviction but you will have to if he stays.

Maybe you will get lucky and he will make a temp move in with a family member? Ply him with some cash if that decides it for him.

I personally hate the idea of paying someone to do what they should legally do but I guess I can see how it could help.

Also I wouldn't tell an outright lie to the new LL. Just goes against my moral code. If you can't answer without a lie and the truth will get him canned then no answer might be the best option.

As I sat in housing court in the hood, I watched the judge extend an eviction a month and say "I will NOT make a family homeless to facilitate a sale."

Tell him (and his handler) that you have the future landlord's request in your hand to fill out and that he will not get the new apartment if you have to file eviction. If he is not out at the end of the month, you will file for eviction and he will be out of your apartment and get the new one he wants.

Suggest that he find another place to stay for the month in between places

Perhaps not answer all the questions? Just that he has a family member helping him manage because he has a disability and that rent has been on time (if it was)

Landlord needs to keep on top of cleanliness and to be firm about holding the tenant to the rules.

No pets (if that is true)

Doesn't smoke (if that is true)

No evidence of illegal drug use (if that is true)

Ty,