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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 36561
Experience:  Attorney over 16 years, landlord 26 years
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Have a tenant that was given a 30 day notice and is still in

Customer Question

have a tenant that was given a 30 day notice and is still in the property
Submitted: 8 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Can you tell me what state this is in?

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Are you asking how to go about evicting them now? or something else?

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thanks

Barrister

Customer: replied 8 months ago.
I'm in California, there were several people who occupied the house. They were given notice at the end of August that they had to be gone by the 30th of Sept. All have agree to leave. Went to the property on Thursday to see what the progress was and 1 individual that is still there has made no effort to leave. Not sure what to do.
Customer: replied 8 months ago.
Since he was given a 30 day can I throw he stuff out of my garage.
Expert:  barristerinky replied 8 months ago.

Ok, thank you for that information.

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If they haven't moved out following the expiration of the 30 day notice you can immediately file an Unlawful Detainer (eviction) action in the local Superior Court. 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.

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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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The clerk will have the UD paperwork you need to file to start the eviction, but you can't throw anything out until you get a legal judgment from the court and have the sheriff execute the writ to return legal possession to you..

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

Customer: replied 8 months ago.
Perfect.
Expert:  barristerinky replied 8 months ago.

Happy to help any time. Let me know if you have any further questions..

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister

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