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Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 29032
Experience:  Attorney
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I have a "very bad" tenant that is and has been late for 75%

Customer Question

I have a "very bad" tenant that is and has been late for 75% of the 18 months he has been renting from me. He has damaged my property by busting out window with a baseball bat, been charged with 2 counts of child endangerment and has violated the terms of the rental agreement by having to many people and dogs in house.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: How do I evict and keep this tenant from destroying my property?
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: Modesto California
JA: Anything else you want the lawyer to know before I connect you?
Customer: He didn't pay me 1 month and said I had to take the deposit instead.
Submitted: 6 months ago.
Category: Landlord-Tenant
Expert:  Lucy, Esq. replied 6 months ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

California law does not allow a tenant to unilaterally insist that the landlord use the security deposit for rent. You can serve him with a notice to pay the past due rent within 3 days or vacate the premises. If he has unauthorized animals, you can also put in the notice that he must remove all pets from the house that aren't allowed by the lease. And you can give him a 3 day notice to remove the extra tenants from the house or vacate. That can all go in one notice. He'll have three days to bring his account current and get everyone else out before you go to court and file for eviction.

The fact that your tenant has been charged with a crime is not a violation of the lease, so that's not grounds for eviction unless there's a restraining order against him by someone else living there. (That would be a very different procedure.) If you paid to repair the window, you can sue him for the cost. Landlords aren't responsible for repairing damages caused by a tenant at their own expense. Breaking one window isn't grounds for eviction, but if you have reason to believe he's going to cause total destruction, you can file a Complaint eviction based on that. But it would have to go beyond one broken window.

You do not need a lawyer to evict him. All of the forms and instructions are available online:

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 6 months ago.
I have served renter a 3 day eviction on a verifiable dated document delivered.
How is the3 day eviction enforced?
Expert:  Lucy, Esq. replied 6 months ago.

You enforce it by going to court and filing a Complaint on the fourth day. They will give you a court date, and you'll go before the judge to testify that he did not pay.

Expert:  Lucy, Esq. replied 6 months ago.

Do you have any other questions about this?

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