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Question

I rented a house to one person he is the only one on the lease he moved a girl in she got a restraining order on him the police said he had to leave now shes in the house and doesent want to pay rent what can i do

Submitted: 291 days and 6 hours ago.
Category: Real Estate Law
Value: $20
Status: CLOSED
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Optional Information

los banos, California

Already Tried:
I called police they said it is a cival matter nothing they can do

Posted by FLAandNYLawyer 291 days and 6 hours ago.

Info Request

What state is the property located in?

291 days and 6 hours ago.

Reply

property located california

Accepted Answer

Hello,

Unfortunately, regardless of the occupant not having a lease and not paying rent, she is still considered a tenant.


California law requires a judicial eviction. You cannot lock her out without a court order. A landlord who acts to "simply change the locks" may be liable for both civil and criminal penalties.


The first step is to terminate the occupancy with the Three Day Statutory Notice. If she fails to vacate the premises after the required notice, you will need to file an unlawful detainer action to evict her.


The official Judicial Council Court forms can be downloaded from the California Courts Self Hep Center at:
http://www.courtinfo.ca.gov/selfhelp/other/landten.htm


I hope that my information was helpful to you.


If you have any additional questions that you would like me to assist you with, you can start your question off with: This question is for FLANDNYLAWYER.



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Expert: FLAandNYLawyer
Pos. Feedback: 98.4 %
Accepts: 
Answered: 2/6/2009

Lawyer

20 years of private practice

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