Landlord/Tenants In California.
I
own an apartment complex, and I have one tenant who has failed to pay
rent. What steps should I take to evict this tenant? The
first step for eviction is to serve the tenant with a three-day notice
to pay or quit. The tenant then has three
days (excluding weekends,
holidays and the day the notice was served) to pay rent in full or
vacate the premises.
If
the tenant does not pay or move out within the three
days, you can file an
unlawful detainer action in court and serve the summons and complaint
upon the tenant. The court then holds a hearing for you and the tenant
to present your case. If the court decides in your favor, request the
court clerk to issue a "writ of
possession" ordering the
sheriff to remove the tenant from the rental unit. If the tenant fails
to leave within five days after service of the writ, the sheriff will
physically remove the tenant from the premises.
Because
eviction causes tenants to lose their place of residence, the courts
generally require landlords to comply with certain procedures to the
strict letter of the law. Therefore, you are encourage to hire an
unlawful detained attorney to handle the eviction process on your
behalf.
Courtesy of: Crescent
Moon Realty, Inc.
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Rainmaker
491,049
491,049
Lorraine or Loretta Kratz
Certified Negotiation Consultants
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