Legal Question in Real Estate Law in California
Eviction for non-payment of rental space
We are moving in to a duplex, and the associated garage is being rented to another party, living in a different city, as a rental space. The landlord said this party has been renting the space for several years, but is behind in monthly payments, which has happened in the past. The landlord has sent a registered letter to the tenant, which was returned ''undeliverable'', so the tenant has apparently moved. The tenant also has a PO box.
We would like to rent the garage, and the landlord would rent to us, but doesn't know how to go about evicting the current renter. What process should the landlord go through? How much notice is she required to give?
1 Answer from Attorneys
Re: Eviction for non-payment of rental space
There are probably three separate issues here:
(1) What to do about the abandonment of the lease itself;
(2) What to do with any miscellaneous property the tenant has left in the garage; and
(3) What to do about any motor vehicle left in the garage.
As far as #1, the landlord has done almost everything necessary to protect herself against any claim by the (former) garage tenant. The giving of notice is what's important under these circumstances. She should also send notice to the P. O. box just to be sure. If that's returned, she can treat the former lease as abandoned and proceed to re-rent to you.
(2) If there is general personal property left behind, it needs to be inventoried, cared for, and the former tenant notified of his right to reclaim it. Forms for doing this properly can be found in self-help law books on landlord-tenant relations at your library.
(3) If the former tenant left a motor vehicle in the garage, your best bet is to contact the local police or sheriff for assistance in getting rid of it legally.
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