Tenant Refuses to Leave Property

By an edhat reader

I’m in a situation where I need to speak with a service or attorney about tenants who refuse to leave a rental property. I’m helping my elderly mom rent her (previous) home so she’s not in a position to pay a lot of money to get them out. Any recommendations for a reasonable attorney or service to provide guidance is appreciated.

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Written by Anonymous

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25 Comments

  1. Shmonk – Is that directed at the the tenant or the guy trying to help out his mom rent out her former home? It’s seemingly over the top either way and the moderator should pop up and take it down but before that, where are you going with that comment?

  2. I have heard many sad (and expensive) tales over the years, from small landlords having to deal with deadbeat or disruptive tenants. I suppose most tenants are good, but the bad ones can really cause trouble. You’d have to have a good cash reserve to risk renting out a property.

  3. Let’s say his Mom is in a nursing home and needs the rental money from her house to pay for her new digs. The tenant isn’t paying and is refusing to leave. Does that seem right/tenable to you? And what do you do…what makes your job so useful or good that you can condemn someone for trying to help his mom collect some money from tenants refusing to pay/leave.

  4. That is true, that’s why I preface mine with “Let’s say”…
    Irregardless, it’s virtually impossible to get someone out right now whether they have paid or not. So…be careful renting out an extra room in the house , guest house or your Mom’s old house…because the tenants have all the power…they basically “own” the place.

  5. I’m taking the Edhater who posted at his word that he/she is helping Their elderly low income mom out and you at your word that anyone who rents out property is a “Leach”. Under those assumptions you are correct in what you presumably are getting… one of us is a SHMUCK/clown.

  6. We’re both making assumptions… I’m assuming the old low funds mom” is trying to evict due to lack of payment/problems… you are assuming and evil old lady hell bent on kicking people to the curb… maybe the OP will help us fill in some blanks…

  7. The obvious answer is to never rent your property in the first place. The more people realize this the more desirable Santa Barbara will become, the lower the crime rate will be, the less crowded our neighborhoods will be, the lower social welfare costs will be and the faster your property will appreciate in value. Why would any property owner want to give up control of their property to a complete stranger who does not have the means to own property themselves.

  8. Not sure I follow your logic.
    -Lower crime rate? Is there a guaranty that home owners are not criminals?
    -Less crowded neighborhood? What control is in place to limit the size family moving into a neighborhood?
    -lower social welfare? Are you stereotyping renters as social welfare recipients?
    -Give up control of property? Residential or commercial investment property is a financial vehicle to accumulate wealth. There is a risk reward to owning property.
    -Strangers with no means to own property? Again I think your stereotyping renters as a poor social welfare recipients.
    Thanks for your thoughts. Always glad to hear others opinions.

  9. It’s sad that it has come down to owning a house and not being able to do what you want with it. Exactly why I will not rent my extra 3 bedrooms . People seem to think they can just do as they please. I was verbally attacked while sitting on my porch by a woman walking by condemning my very beautiful artificial lawn. Which I put in when we could not water.

  10. So all those people that rented rooms and/or property over the millenia were just idiots? What percent of landlords end up with a toxic tenant that they couldn’t have known about by doing a thorough background check? My guess is very small.

  11. First have a look at the SB Rental Housing Mediation Program Pages:
    https://www.santabarbaraca.gov/services/home/rhm/default.asp
    Look at the Landlord and Tenants’ Rights info. And call them for further guidance. It’s a place to start.
    I live in a rental that was recently sold to investors from out of state. All 4 units got a 60-day notice, as the new owners plan to renovate. Last month’s rent is waived. It’s a shock to be ousted. One tenant has been here over 20 years, one is 70 years old, a family of 4 is leaving SB altogether because rents are so high, a couple is leaving the state. Lousy timing

  12. It already is a fact of life among mom and pol landlords that they rent under-market to keep a good tenant. That is why government destruction of the mom and pol rental market is doubly punishing. City council, for cheap virtue signaling props, blunders into an industry they know nothing about. And refuse to budge off their greedy landlord deserves to be punished narrative.

  13. I’m usually on the side of tenants, but long ago I was a lawyer for a client who owed back rent (can’t recall if he had reasons or just financial issues), but the aggrieved landlord removed the door from the entry way into my client’s apartment. Clearly not legal, but was rather effective in getting his attention and our willingness to find a compromise.

  14. OAITW, without rentals they’ll be no one to serve you your dinner and drinks when you go out and about, or anyone to handle your dry cleaning, hair cuts and the like. Or to fix your car, can and bag your groceries, give you a facial or massage. No one working regular jobs can afford to commute. Also I am a renter by choice. I don’t want to worry about fixing stuff when it breaks, and if I decide to move I can easily do so. I’m actually saving money by renting.

  15. DUKE– nobody is saying that and you’re putting words in my mouth. I am saying, and have been saying from the beginning that it’s inhumane and immoral to evict people during a pandemic and for some reason you’re on the other side here. Says alot more about you than it does about me *shrug*

  16. You CAN evict someone as of recently if they are violating the lease/rental agreement. But it needs to be a good reason beyond not paying rent(as if that’s not good enough). The laws are bent so far over to “help” the tenant it’s ridiculous.

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