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Irwin Law
Irwin Law, Attorney
Category: Landlord-Tenant
Satisfied Customers: 6777
Experience:  Attorney 35 years extensive and active real estate practice; represents both landlords and tenants
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I have a tenant with a month to month rental of a bedroom in

Customer Question

I have a tenant with a month to month rental of a bedroom in my house. He is currently behind $1000.00 in his rent ($200 late fees for May, and $750.00 plus $50/week for June) and has left a wrecked van on a neighbors property. He also has kept his "girl friend" in my house for and extended period of time. I would like to force him to leave and to get rid of his van which is causing problems with the Home Owners Association. They are hold me responsible for removing his van.
JA: When it comes to landlord-tenant issues, accurate information is key. Fortunately, the attorneys you'll meet here have a lot of experience with this, and it would be my pleasure to match you with the best fit.
Customer: How much will it cost to evict him immediately?
JA: I'm not sure of the exact price, but there's only a $5 deposit. The rest of the price information will be on the page I send you to.
Customer: BTW, I live in Timber Cove 15 miles North of Jenner. The tenant has no reliable transportation.
JA: Have you talked to a lawyer yet?
Customer: No, I am just about fed up with his antics.
JA: Anything else you think the lawyer should know?
Customer: He has been a tenant since August of 2015, and has used up his cleaning/security deposit with partial rent payment. He is getting advice from his girl friend, who thinks she is a lawyer.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Landlord-Tenant Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: Landlord-Tenant
Expert:  Irwin Law replied 4 months ago.

You will have to take both him and the girlfriend to Small Claims Court in an eviction suit. The failure to pay rent is grounds for immediate eviction. The court will enter an order telling them to vacate within a certain number of days. You should also include a petition to the court to require them to remove the van, which is really the neighbor's problem too. Either one of you can call local (usually city) officials to report the abandoned vehicle and ask that it be towed away. That activity is not connected with the eviction from the home though, and it does not require any notice or court action.

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