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Expert: John Hendricks - 12/3/2007


Question
The tenants that are renting my townhome. Verbally told me on 10/7/2007 that no want to  live in the unit that they would be out by 11/30/2007. When they mentioned this to me my plans are to sell the property since I cant afford a second mortgage payment....When I called them on 12/1/2007 to get the keys. They were letting me know that they were not getting out!! that my property was in forclosure. And that I have been stealing their rental money for the last 5 months that they have lived there!! The property is starting to sell. HOW CAN I GET THEM OUT!! ASAP!!!

Answer
Dear Maria;

Thank you for your question…

Unfortunately, each state has its own laws regarding tenancy and giving notice to vacate. Since there was no written notice given to you, nor did you provide a written 30 notice to vacate, the tenant appears to have re-established their tenancy on the property.

I believe that the foreclosure situation may not matter in this situation. What you do with the money has no bearing on them. You can still sell the property and gain entrance with notice given by you. Review your rental agreement to see what time frame you have to give them to enter the property. It usually is 24 hours. Be careful though, unhappy tenants can say things during the showings that may not be to your best interest. Initially try to be nice and ask for their cooperation in showing the property.    

I would recommend that you contact the nastiest attorney who specializes in evictions to start the process of officially giving the tenant notice to vacate within 30 days. They will make sure that the tenant will not take advantage of your situation and vacate the property within a prescribed period of time. If you decide on delivering the notice to save money, there are specific guidelines when giving notice to the tenant to vacate, and if they don't want to move, they will watch for any error you may miss during the 30 days they have to vacate and re-establish their tenancy again. That is why I recommend letting the professional handle the eviction, as it will save you time and money in the long run.

I hope this was of help to you…

Warmest Regards;
John Hendricks  

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John Hendricks

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As a California Realtor for 23 years practicing in Marin and Sonoma Counties, it is now time to provide counsel through AllExperts.com to those who need advise in real estate. My knowledge and experience includes a wide range of resale residential real estate purchases, new home sales, income related investment properties involved in 1031 exchanges, and land. Let me help you in any of these areas...

Experience

John Hendricks has established himself as one of Marin & Sonoma Counties premier Realtors. A native Californian, John is a well-known and respected Realtor in both Marin & Sonoma Counties who has resided in the Northbay since 1976. John began his real estate career in 1986, and since then has distinguished himself as one or Northern California's top producing Realtors. Before joining Frank Howard Allen Realtors, John was an associate of the Prudential California Realty from 1990-1992 where his outstanding sales achievements earned him one of the company's highest honors, the prestigious "President's Circle Membership", presented to the top 2% of associates for sales and earning excellence. Since his association with the highly regarded Frank Howard Allen Realtors in 1992, John has once again established himself as one of his company's Top 10 Producing Realtors in Marin & Sonoma Counties for the years 1993 through 2007 and now in 2008. Five continuous years of outstanding performance has now allowed John to join 15 other Realtors in the prestigious "Lifetime Hall of Fame" for Frank Howard Allen Realtors. John established a group of professional individuals who specialize in a variety of areas in real estate called, 'Lundmark-Hendricks Fine Homes' This group of professionals are dedicated to the success of representing clients with the greatest amount of care and service when either buying or selling real estate.

Organizations
California Association of Realtors National Association of Realtors

Education/Credentials
Upon Request...

Awards and Honors
Frank Howard Allen Realtors "Hall of Fame Member" Chairman's Circle for 10 consecutive years

Past/Present Clients
Joe Louis & Sharon Sigurdson We want to thank you again for your excellent representation of interests during the recent purchase of our home in Petaluma as well as the sell of our home in Mill Valley. We had the unusual pleasure of working with you during the last year both as sellers and buyers. We felt that our interests were always paramount and that we received a very fair price for the sale of the Mill Valley house as well as our purchase of our new home. This speaks particularly well of you, because of the recent unstable and chaotic real estate market. Will Finke "Quite frankly, we came out of a very difficult situation, which time does not allow elaborating on. This was one of the greatest experiences of our lives as clients. John Hendricks is one of the top businessmen I have ever met." Bruce & Nancy Rosentreter "I chose John Hendricks to sell my house. I picked him because I thought he was professional, aggressive, and that he could get top dollar for my house. He fulfilled my expectations completely." Joy Schuelke "Since we were trying to sell a high end home in a very tough market, and in the middle of a very rainy winter, the prospects seemed quite bleak. I was convinced at the time, and am even more so now, that without John's tenure, patience, and tenacity, we would have not been able to move the property." Lynn McCarthy "I cannot stress strongly enough how impressed I was with the service provided to me by John and his group. Throughout the entire transaction, John was always available, always forthcoming with excellent advice based on his years of experience, and always willing to put in the extra effort to make this a positive experience for me. I feel lucky to have had the experience of working with him." Lea Lieurance-Turk "Thank you John for your outstanding real estate services for the past 5 years I have known you. You have made my dreams come true as far as selling and buying property."
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