Landlord Question and Answer Forum

one tenent leaves other stays but hasn't paid rent

I have a furnished/turn-key rental in California. Tenent signed a 1 year lease starting Aug 22, 2009. The lease was in his name. There was another person living with him that was listed as an occupant but not as responsible for any rent/utilities. Utitlites were all in his name and paid by him. He gave notice and left one month before the lease end, but paid the rent and utilities until the end of lease, August 2010. During that time the other occupant remained. The other occupant wants to stay for at least 6 months and has put gas and electric in their name at the lease-end. The water is still in original lease-holders name. Is this person considered a tenent if there is no new lease? How do we get them out? The original tenent wants to get the water out of his name, can he legally do that?

Have you asked the other person to sign a lease or month to month? if not why ? and yes even though you have no contract with this person he has possession so he has rights so you would need to evict him as a doe , but try 1st to get him to sign a month to month

Posted by Ken H, CA on Tuesday, September 07, 2010

You cannot have utilities turned off therefore you want them in Does name or your paying for them. Why have you not offered a lease? Lease or Evict are your choices.

Posted by Doug F, MT on Tuesday, September 07, 2010

Yes, our "realitor" has asked them to come down and sign a month-to-month lease, more than once. He was given excuses of being sick and then they were out-of-town for almost 2 weeks. I think we are being scammed as the tenent is now saying "the check is in the mail" by Express mail last Thursday. As this was our first time at being a Landlord, we hired a local Realtor so this wouldn't happen. Now that I have found places where I can get the needed information and forms, we will be handling it ourselves. I just called the Realitor and said that we want a signed lease and the rent or give them a 3 day notice, today!! Thanks for all that replied, Live and Learn. J C

Posted by D C, CA on Tuesday, September 07, 2010

Just a thought dont do a lease . try a month to month with this tenant ,leases are great for tenants but not very good for landlords , if you do a lease and dont like the way they take care of your property you cant get them out but with a month to month you can

Posted by Ken H, CA on Tuesday, September 07, 2010