You didn't say where the home is located. Oakland and Berkeley have strict rent control guidelines and have even stricter agencies who oversee these regulations. It is not prudent for you to take this matter on yourself. I recommend you immediately contact an attorney specializing in rent control and eviction. You may want to contact a local Bar Association or Landlord association to get recommendations for attorneys specializing in your problem. Here is one resource:
RENTAL HOUSING ASSOCIATION OF NORTHERN ALAMEDA COUNTY
360 22nd Street, Suite 240
Oakland, CA 94612
(510) 893-9873 x 111
Linda Van Drent
I agree with Gina. Contact the rent board in Oakland and ask them for help, which will be free of course. Also, be sure to consult with an attorney, as the City may give you incorrect info.. They are a good source for basic info, but an attorney based in Oakland who knows Measure EE "Just cause eviction" and all aspects of the local ordinances is what you really need. It is well worth whatever a consult fee will be. Tenants rights issues are crucial to handle correctl. I've dealt with several potentially sticky situations with buyers and sellers regarding tenants in the property being sold, and I can't overemphasize the importance of following the "letter of the law". Best wishes
I know an excellent real estate attorney, his name is John Gardener is phone number is (925) 944-6080. Tell him Gilbert referred you. The good thing about John is that he is free as far as the initial consultation and is very upfront in giving all the options available, with or without an attorney.
When we find tenants for landlords we get an application, check credit and eviction reports, check landlord references for current landlord and previous landlord and check job reference.If you do not have time to be an absentee owner get a good management company . It will be worth it.
It is not materiall whether the premises are in Berkeley, Oakland, or any other eviction controlled city or not. All cities with eviction control have, as a just cause grounds for eviction, non-payment of rent. Such cities may have certain notice and other service requirements, but those procedural issues can and should be dealt with by an attorney.
Now, you can choose to rent directly to this third person if you wish, but you may condition your agreement upon the signing of a new lease, payment of any unpaid rent, and approval of a credit check. However, you are not forced to do so
Jeffery P. Woo, Esq.
Sedgwick, Detert, Moran & Arnold LLP
Complex Rental Property Group
Good luck and let us know how it works out.