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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Lease is up tenant won;t leave

Customer Question

lease is up tenant won;t leave
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

If the lease is terminated and no renewal was signed, you will then need to file an unlawful detainer (eviction) action against the tenant.

While it is not required, it is usually considered good practice to first give a 7 day notice (again, not required, but good practice, if you can get the tenant to leave voluntarily prior to having to file suit it will save you a lot of time and money in court).

Once you get a judgment of possession, the court will issue a writ of eviction and the sheriff will oversee a forcible eviction of the tenant.

Customer: replied 1 year ago.
I FILED AN EVICTION NOTICE FOR NON PAYMENT JUDGE RULED TENANT WAS NOT A TENANT SINCE THE FATHER SIGNED THE LEASE A LANDLORD TENANT RELATIONSHIP DID NOT EXIST SO HE COULD NOT COMPEL A DEPOSIT.
I JUST WANT POSSESSION
Expert:  CalAttorney2 replied 1 year ago.

The problem is likely the basis for the suit. If you file a second eviction based on termination of lease, then the judge's objection to the prior suit is not going to be a problem.

I would suggest hiring a landlord/tenant attorney to assist you with this matter - this is a relatively straightforward eviction suit, but I do understand that most of us do not spend our careers working in the courthouse, so it may be worthwhile to hire a lawyer to assist you on this - most landlord/tenant attorneys do not charge very much for a simple eviction and having a lawyer handle this for you will ensure that the next one goes through properly and you do not incur any further undue delays or run into another procedural hurdle.

You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

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