Legal Question in Landlord & Tenant Law in California

We have a tenant who owes 6 years back rent and utilities (about $20,000.00). There was no written lease as the origianl verbal agreement was with his wife for 3 mos . We have sent numerous 3-day pay or quit notices over the past year and one court date. He promised 3 mos ago that he would be moved out of the house by 2 weeks. We've wanted to sell the house for a few years. My question is can we put up a FOR SALE sign now? What if he takes it down? He has had another place to move to for years. Oh, we've tried the 24 hr notice to enter the house and he refused. He has not allowed us to step foot on the premises for 10 years. Can he claim squatters rights and take the house free and clear? Calif. Landlord/Homeowner in Calif, Thank You


Asked on 6/20/12, 1:13 pm

2 Answer from Attorneys

Probably not yet, but he eventually may if you continue to allow him to get away with unlawfully occupying the property. Putting up a For Sale sign would be futile. No one is going to buy it Wo a squatter on the property. You need to hire a lawyer and get him removed, by court order and by the use of the sheriff's force if need be, before he obtains adverse possession rights to the property.

Read more
Answered on 6/20/12, 1:30 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California