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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 35382
Experience:  Attorney over 16 years, landlord 26 years
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My tenant was arrested and I only found out the other day

Customer Question

HI my tenant was arrested and I only found out the other day when I went to collect rent money and stranger opened the door and told me and of course did not provide me with rent money. I do not want this stranger in my property, I also did not like that she did not let me enter my house and that there was alot of cars parked on the driveway. The music was loud and there waa alot of people in the house, well at least from all the voices i hknoe and that of course quieted after i knocked. She looked like she was on drugs, and for sure I know there is something going on. What can I do?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Is the tenant currently behind on the rent?

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Have you posted any written notice to pay rent or vacate?

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thanks

Barrister

Customer: replied 1 year ago.
one month behind on rent. No I have not, I was only looking into that today.
Customer: replied 1 year ago.
I found out this past weekend when I went to collect rent, but she did not provided with rent money and I do not want her too because I don't want her there. There was alot of activity going on in the house, she didn't even let me peek inside to see if the premises were in good condition. I do not know who she is so I want her out, he has been in jail for about 1 month now and I was not notified and he decided he could just move someone else in. I rented the house to him, and obviously I made a dumb decision.
Expert:  barristerinky replied 1 year ago.
Ok, at this point, in order to gain legal possession of the property back, you will have to first give them a written 3 day notice under CA law to pay rent or vacate. You can post it on the front door or even have a sheriff deliver it to someone staying there if you want to make it scarier.
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Then when the rent isn't paid and the 3 days expires, on the 5th day after the notice is posted or served, you can file an unlawful detainer (eviction) action in Superior court.
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The tenant has 5 days to respond or you can file for a default judgment. Once the judgment is final (tenant does not appeal) you can get a writ of possession. On the 6th day after getting the writ of possession delivered, you can have the sheriff supervise the eviction of any tenant and their belongings.
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thanks
Barrister
Customer: replied 1 year ago.
Now I have no idea if he was arrested in my house or for what, I definitely know that there is something going on I'm my house because of all the cars and people that were there. The music was turned off and everyone kept quiet,
Expert:  barristerinky replied 1 year ago.

Ok, it is not really relevant whether the person was arrested at the house or somewhere else. If they don't pay rent you can then evict them using the procedure I just described above.

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thanks

Barrister

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