“I wanted to sell my property and sent a notice to my tenant. But he sought a stay order against eviction. If I can’t sell that home on time, I would be in a huge loss.” In this way, Kevin Miller, landlord in his 60’s, expresses his state of being helplessness. “Lest that man should acquire my property”, Mr. Miller filled with deep anguish.
Ella has a similar story to tell as she had to pay hefty amount to her tenant to settle eviction matter out of the court. “I know that didn’t make sense, but was the only way out for me,”—a justification for what she did.
Like Miller and Ella, many landlords in California want to put their home in the market, but can’t do it because of the difficult tenants refusing to move out. In spite of being in a landlord friendly state, getting rid of sitting tenants is quite challenging while selling renting property here. This is because of the California Tenant Law giving the following rights to tenant:
- A tenant has right to possession as long he is paying up rent
- A landlord will be trespassers if enters without his permission
- Can take Stay of Eviction
Remember, you can’t expel them out with by forcefully removal, locking out, cut off utilities like water or electricity, removing outside windows or doors, or taking the tenant’s belongings in order to carry out the eviction. If you do so, the table will be turned down on you.
But that doesn’t mean you have to suffer like Ella and Miller. You have many ways to sell your home with tenants. All you need to go through the below points:
Sell it First to Your Tenant:
Before selling your home on the market, convince your tenant to buy it. If you succeed in that, you will save lot of time and effort to find buyers, besides avoiding potential disturbances and complications due to the difficult tenants. If your tenant is looking for home, he will accept your offer as he is familiar with the structure and surrounding.
In short, if you sell your home to tenant, you don’t need to follow the other points.
An Offer They Can’t Refuse:
Rewards can work for you if your troubled tenant turns a deaf ear to your requests and notices. With the ever increasing rental rates in California, you can win over him by promising discounts in rents for a couple of months till eviction date. Apart from that, you can help him finding a rental agent, properties, and suggestions. Don’t hesitate trying to negotiate a settlement to make your tenant leave the property early. Make sure your tenant is not taking advantage of your necessity to get the property vacated.
Get Familiar with California-Tenant Law:
Being a savvy landlord, you must know your state’s regulations regarding landlords and tenants. For example, a landlord has to give a 24 hours’ notice to the tenant before entering the property for repairs or showing it to the new tenants. The state’s law also requires a landlord to give 30 days’ notice to tenant for a month to month lease while 60 days’ notice is essential for yearly lease. California State Law considers landlord’s retaliation illegal against a tenant—for example, by raising the rent or filing a false complaint against a tenant for creating unsafe living condition. Take your actions in a way so that it can’t be violation of the state’s laws.
Wait for the Lease Period to Over:
If you are not in hurry, you can wait till the expiry date of the lease. Meanwhile, you can search for homebuyers. But if you have to sell your home quicker in California with difficult tenants, the next step may work for you.
Selling the Home with Tenants is Good Idea:
Eviction is not necessary if your potential homebuyer has no problem with your occupied property. As far as your tenant concerns, he shouldn’t have issue with the change of that ownership.
In fact, selling the home with tenant can be good idea, provided that you have a responsible tenant. A tenant is expected to keep home clean all the time while a presence of furniture and curtains will look better, giving home buyer an idea what it would be like to live there.
These are the ideas a landlord can use to sell his home with the sitting tenants. Again, take step according to the state’s law to avoid the troubles. Keep patience and try to develop a good relation with your tenant for an easy going process.