Hello to all niconauts. I was wondering if someone could guide me trough this problem.

I am about to lease a property that the previous renter(month to month based) has not paid for 3 months. The owner of the property has been trying to get in contact with the last renters for the past two months and they have been ignoring the owner of the property.
The owner wants to lease the property as soon as possible to me, but I am afraid that there would be legal problems if she leases the property to me without the old renter knowing that they are getting evicted. Would there be any legal problems?

Extra Info: It was a junkyard and once I lease it will continue to be one but of course under a different name, the owner was convicted of a drug trafficking crime sometime ago (I believe that is why he stopped paying the rent) and I live in California.

Any advice would be great, thank you.

The land owner needs to properly terminate the lease agreement currently in place. The way to do that is likely spelled out in the lease that needs to be terminated. The owner then needs to create a new lease for you. If the owner is going to leave the old lease in place because they think they can extract money from the old lessee (and they might want to do that thinking they can get double rent from the old lessee and from you), then you should stay away until that is completely resolved. Should legal issues arise and you're in the middle of it, you could loose access to the property and therefor any of your stuff left on the property during the court process and you could still be owing for any rent (and they aren't in any big hurry at court for this kind of stuff).

I am not a land lawyer, but I work with land, leases and land lawyers in CA from a developers prospective. So I just have a general understanding as an engineer, not as a renter. Perhaps someone with more expertise can chime in.

Thank you for the information.

The old renter was in a month to month base, there was no lease for certain amount of time. So I been doing some research and it looks that once I sign the lease for 5 years the old renter would be out, but I am not 100 percent sure about that.

Sounds good as far as the leases go. Due process for the eviction and removal of old belongings of the property might take time before your new lease can start. Three months have gone by, but how many since formal notice has been submitted to the previous lessor I'd wonder. Is there any property management company involved or just lease by owner? I'd feel better working with a management agency for legal reasons, but assume perhaps a better price with direct contact to the owner.

Yea is from the direct owner, they seemed that they are not willing to turn in the keys. So she is going to start the legal procedures so they could get them out. I just have to wait for like for a month+. Hopefully they can get them out quick(even tough it is abandon).

Sounds pretty good as long as you can be patient. Good luck!

Oh, and what will you do with a junk yard property?

centralcoaster33 wrote: ↑

Tue Feb 13, 2018 11:06 am

Sounds pretty good as long as you can be patient. Good luck!

Oh, and what will you do with a junk yard property?

Keep it as a junkyard, but employees will be the only ones in the back. I want to specialize in old Japanese cars and motorcycles. But I shall see once I acquire the property.

Okay, cool. Fill it up and let me know when you're up and running. I'll come check it out!

centralcoaster33 wrote: ↑

Fri Feb 23, 2018 1:02 pm

Okay, cool. Fill it up and let me know when you're up and running. I'll come check it out!

Once everything is establish and full of cars Ill let you know

mac , some of the "problem" vehicles from last few days posts may help that "Build process

centralcoaster33 wrote: ↑

Mon Feb 12, 2018 2:49 pm

Three months have gone by, but how many since formal notice has been submitted to the previous lessor I'd wonder.

This is key.
Usually you get the Sheriff involved for evicting/serving people and telling them to GTFO and turning over keys on the spot, etc, but that's after you've sent certified letters and such.

Best of luck!

macgiver wrote: ↑

Sun Feb 25, 2018 9:46 pm

mac , some of the "problem" vehicles from last few days posts may help that "Build process

Yea I saw those post, I will be looking on acquiring some of those.

PapaSmurf2k3 wrote: ↑

Mon Feb 26, 2018 9:06 pm

centralcoaster33 wrote: ↑

Mon Feb 12, 2018 2:49 pm

Three months have gone by, but how many since formal notice has been submitted to the previous lessor I'd wonder.

This is key.
Usually you get the Sheriff involved for evicting/serving people and telling them to GTFO and turning over keys on the spot, etc, but that's after you've sent certified letters and such.

Best of luck!

Thank you. They should be out on the tenth of this month. If not, the property owner will start the legal procedures to end this conflict.