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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10237
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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I am in orange county california. San clemente . This is my

Customer Question

I am in orange county california. San clemente . This is my house i leased to have a roommate for 6 months after the 6 months he kept avoiding me and would not come to any mutual agreements . He had renigged on the first 6 month lease . He is also a lawyer. I gave him a 30day notice to either move or we write a new rental agreement . Last month he refused to pay utilities and this month utilities nor rent has been paid. I gave him a 3 day notice to pay rent or quit . His attorney called me and said we need to (play nice) his attorney was his x partner . His attorney said he would be by with a 1000 check last friday and the guy would move his belongings by the 24th . No one showed up woth anything . Today i got a text from the roommate telling me he would be by in 20 mins to get his stuff out of the garage. He has more suff in his room too but did not say when , I told him i was on my way out the door and to please make it at a time we both agree . He told me he was gonna sue me for keeping his stuff . I called his attorney but no word , no money No time and date . I need to rent the room to pay my bills . What do i do ? Today is friday
Submitted: 7 months ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 7 months ago.
Dear Customer,If they are still occupying the property (either themselves, or their property), you can follow up on the 3 day notice that you sent with an unlawful detainer (this is how you evict someone). The California Courts have an excellent self help site with all of the necessary forms to assist you: http://www.courts.ca.gov/selfhelp-eviction.htmThe overall process works like this:1) Notice: The first step in any termination is giving notice, the landlord can simply give notice that they no longer want the tenant to live there (this is usually 30 days, or 60 days, and it can be done for no reason whatsoever, there is no fault, and while the tenant must relocate, they are not being "evicted" and there is no blemish on their rental history), they can give a "notice to pay or quit" (usually 3 day or 5 day depending on the state, and the tenant has this amount of time to pay rent that they missed or move out), "notice to "cure or quit" (the tenant has breached the lease - broken something, noisy, etc. and must stop it or fix it within the notice period, again 3 days, 5 days, or 10 days), or a "notice to quit" (this is a 3 day or 5 day notice that says the tenant has messed up so badly they can do nothing but move out within the notice period - there is no chance to "cure" - this often happens when there is illegal activity on the property). 2) Unlawful detainer/forcible entry and detainer (this is the legal proceeding where the landlord goes to court and sues the tenant to get possession - the tenant has an opportunity to appear and defend the action, common defenses include improper notice, breach of the lease (such as failure to maintain the property - "inhabitable conditions"). If the tenant answers the complaint, the parties can take "discovery" from one another and get additional information before a court trial before a judge. 3) A judgment of possession/writ of eviction - if the landlord wins the trial, they get a judgment of possession and the court will issue a "writ of eviction." 4) Forcible eviction - this happens when the Sheriff or Constable serves the writ of eviction - some jurisdictions give a courtesy notice the day or two before the eviction, others do not, but the end result is the sheriff overseeing the landlord's movers removing all of the tenant's possessions from the property and placing them on the curb, and the tenants are forcibly removed from the property. At that point, the landlord can change the locks and the tenant can no longer return (They have been "evicted").To get your money back for all of the past due rent, utilities, etc. (assuming you don't go through with the UD action to get the past due rent - Unlawful detainer is limited to just the past due rent, nothing else), you can sue him in small claims, this can be done after the eviction is completed and all of your costs and expenses are totaled up.Again, the California Courts have an excellent site, with all of the necessary forms: http://www.courts.ca.gov/selfhelp-smallclaims.htm

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