Sounds like he’s pretty a pretty solid tenant for the past 6 years. I’d give her some time, like until the end of the month. Help her arrange donating & packing up his stuff. Give a little get a little.
If he’s in the house still you might be f’d until he passes. I can’t see a California judge evicting him. That process is going to take time regardless.
This is why Grok says:
Key legal principle (US-wide, including California): A terminal illness qualifies as a disability under the Fair Housing Act (FHA) if it substantially limits major life activities. This means you cannot evict solely because of the illness (that would be disability discrimination). However, non-payment of rent is a separate, valid ground for eviction. The illness alone does not automatically excuse rent obligations or prevent an eviction for non-payment.
Standard Options for Non-Payment of Rent
In most states, including California (where Yorba Linda is located), the process for non-payment follows these steps:
1. Serve a formal notice — Typically a 3-day notice to pay rent or quit (in CA, under Civil Code sections related to unlawful detainer). This demands payment of the exact overdue rent (no late fees or other charges in the notice) or vacating the premises within 3 business days (excluding weekends/holidays).
2. If no payment or move-out — File an unlawful detainer (eviction) lawsuit in court. The tenant can defend (e.g., raise habitability issues or request accommodations), but non-payment is usually straightforward grounds for eviction if documented properly.
3. Court process — If you win, the court issues a judgment for possession (and possibly back rent). The sheriff enforces the physical eviction.
Evictions can take weeks to months, depending on court backlog and any defenses.
Reasonable Accommodation Considerations
Under the Fair Housing Act (and California’s Fair Employment and Housing Act), if the tenant (or their representative) requests a reasonable accommodation related to their disability, you must engage in an interactive process and consider it seriously. Examples that courts have sometimes accepted include:
• Adjusting rent due dates (e.g., to align with disability benefits arrival).
• A temporary payment plan for arrears.
• Waiving late fees temporarily.
However, reasonable accommodations under the FHA typically involve changes to rules/policies/services (e.g., allowing a caregiver or service animal), not forgiving rent, permanent rent reductions, or indefinite non-payment. Courts have ruled that rent abatement or forgiveness is generally not required as an accommodation, as it can impose undue financial burden on the landlord.
If the tenant requests something like a payment plan, evaluate it in good faith:
• Is it necessary due to the disability?
• Does it allow equal use/enjoyment of the housing?
• Would it cause you undue hardship?
Document everything in writing. Denying a request requires a legitimate reason (e.g., it fundamentally alters your business or creates excessive cost).
Practical and Compassionate Steps
Many landlords in similar situations choose options beyond strict eviction:
• Communicate empathetically — Discuss the situation directly (or via their power of attorney/family). Ask if they qualify for assistance programs.
• Offer voluntary agreements — Propose a short-term payment plan, partial rent forgiveness, or early lease termination with waived penalties (in exchange for vacating peacefully). This avoids court costs/time.
• Refer to resources — Suggest the tenant contact:
• Local housing authorities or nonprofits for emergency rent assistance.
• Programs like Section 8, Medicaid waivers, or charities (e.g., cancer support organizations).
• Legal aid for tenants (they may help explore accommodations or defenses).
• If the tenant passes away — The lease obligations pass to their estate. You can file claims against the estate for unpaid rent, but recovery may be limited if assets are minimal. Coordinate with any executor/family for move-out.
Important Reminders
• Do not self-help — Never change locks, shut off utilities, remove belongings, or harass—that’s illegal and can lead to lawsuits/penalties.
• Seek professional advice — Landlord-tenant laws vary by locality (e.g., Orange County rules, any local rent control/moratoriums). Consult a California landlord-tenant attorney or eviction specialist ASAP for your specific lease, notice wording, and timeline. Resources like the California Courts self-help center or Department of Fair Employment and Housing can provide general guidance.
This is a heartbreaking scenario for everyone involved. Balancing legal rights with humanity often leads to negotiated resolutions rather than forced evictions. If you provide more details (e.g., how long rent has been unpaid, any requests from the tenant), I can help refine this further.
