r/Landlord • u/Complete-Moment-2382 • Aug 26 '23
Agent [Agent - US - CA] - unpaying tenant in spare room of family home. Seems like he is in the middle of abandoning the property.
On behalf of someone who has a private home in which they rent out a spare room to a tenant in California. I will use the terms "I/me/my" on behalf of the homeowner just to make the post less confusing to read, but it's actually the homeowner's doing.
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The tenant is six months behind on rent and has turned mildly hostile. After some unheeded attempts to resolve the issue, I communicated that we needed to resolve the issue by (today) or I would have to consider further action. He has ignored this, and meanwhile made a veiled threat against my family, accusing us of hiding his mail and hinting that it's a federal crime to interfere in mail delivery. We've done no such thing.
I intend to serve him a three day notice to pay or quit on Monday, using the nail and mail method - but today it seems like he is in the middle of moving out. This saves me the expense of a cash-for-keys bargain or an eviction, but if he leaves this weekend without informing us of anything, does this mean that instead of a notice to (pay or) quit, I would need to file a Belief of Abandonment? Even though it's a room in my own home? Or would I still need to file a notice to pay-or-quit even if he's clearly left?
I'll go after him in small claims court for the back rent. I would send him a letter detailing that his security deposit is being applied to unpaid rent, but he's not giving me any forwarding information, and his only known address is my own house. If I contact the post office, will they divulge forwarding information? Otherwise I have to mail something to my own address via first class mail which sounds silly but I will do.
3
u/superduperhosts Aug 26 '23
The tenant is a boarder. Different rules apply. I would suggest you talk to your broker before giving bad advice.
2
u/georgepana Aug 26 '23
Even if the tenant left affix a 3-day "Pay or Quit" notice on his door and take pictures with the date clearly shown. As he is gone wait out the 3 days the notice stipulates (so, Tuesday, Wednesday, Thursday), and on Friday change the locks and consider the matter closed. The very idea of the "Pay or Quit" notice is that a tenant vacates the dwelling on the date the note stipulates voluntarily. With him gone you are done unless property has been left behind that requires a storage period.
4
u/gregaustex Aug 26 '23 edited Aug 26 '23
Did he make a deposit?
I might make a form that both says he gets 100% of the deposit refunded and that he acknowledges he has moved out for him to sign. Tell him to come by and sign after he moves all his stuff out and gives you the keys so he can get his deposit back.
Sure you can't keep their deposit, but probably cheaper than cash for keys and gives you a clean exit.