Legal Question in Landlord & Tenant Law in California
I have a tenant in my apartments that stopped paying rent left personal property in apartment and vacated. Tenant and landlord had a verbal agreement to which tenant agreed to the amount of rent owed but stated she left due to roaches. Tenant never told landlord until she was leaving premises (at which time landlord did not know she was not going to return). Tenant has not kept contact information updated with landlord and phone number on file is now disconnected. The apartment had the usual extermination protocol and exterminator said due to the debris and personal items in apartment the roaches could not be completely exterminated and said statement is in tenants personal file held by landlord. A three day quit notice was served on tenant however the name spelling was incorrect on filing and was not signed by owner of apartments (landlord). The sevice was not done properly either. I just took over the mess and wondered if there was a more direct way to legally take said apartment back over as tenant has lost contact with landlord and has not paid rent nor been back to apartment. The roaches are staying in apartment as surrounding apartments do not show any signs of investation. I would like to get this eviction/take over done asap as apartment has sat and no rent has been collected for months. I need to know the easiest way to remedy this situation and secure the apartment legally.
1 Answer from Attorneys
Serve and post a notice of belief of abandonment, and then proceed to retake the premises as abandoned.