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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33761
Experience:  15 years real estate, Realtor. Landlord 26 years
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I own a piece of property in Tuolumne which I have rented

Customer Question

I own a piece of property in Tuolumne which I have rented out for years. I now wish to sell this property but am having difficulty. The current tenants will not communicate with me. I need them to move, they are behind on rent but my biggest concern is getting them out/ What forms do I file to recover my property? Is a notice to quit needed before filing an unlawful detainer?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Barrister replied 11 months ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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If you are in CA, then you can give them a 3 day notice to pay or vacate for any delinquent rent. In California, if a tenant is behind in rent, landlord can issue a 3 day notice for payment. If payment is not made, on the fifth day following the delivery of the notice the landlord can file an Unlawful Detainer (eviction) action. The tenant has 5 days to respond or landlord can file for a default judgment. Once the judgment is final (tenant does not appeal) landlord can get a writ of possession. On the 6th day after getting the writ of possession delivered, landlord can have the sheriff supervise the eviction of any tenant and their belongings.

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Link to 3 Day: 3 Day Notice CA Late Rent

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thanks

Barrister

Customer: replied 11 months ago.
Ok but what if they pay their rent? I still need them to vacate the property so I can sell it. How do I get them out?
Expert:  Barrister replied 11 months ago.

If they pay everything that they owe, then you can give them a 30 day written notice to terminate their tenancy if they are not under a written lease and have lived there under a year. If over, you have to give them a 60 day notice.

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This is assuming that they are not under a written fixed term lease. If they are, then you can't terminate it early and would have to sell it with them in it or wait for their lease to expire and then evict.

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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 11 months ago.
OK so this is what I will do, so please advise me if this seems correct. I will give them a 30 day notice since they haven't been there a year. Does that 30 day notice have to go to the court? If they haven't vacated after 30 days then do I file the unlawful detainer? I would rather have them gone then hassle with trying to get money out of them. If they have money they need to find a place to move into. I will consider that their X-mas gift
Expert:  Barrister replied 11 months ago.

Does that 30 day notice have to go to the court?

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No, but you need to keep a copy of it in case they don't move out so you can file an unlawful detainer action in court on day 31..

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If they haven't vacated after 30 days then do I file the unlawful detainer?

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Correct. You can tell them that if you have to file a UD action, it will ding their credit and likely prevent them from being able to rent elsewhere because landlords will see that on their background. That gives them an incentive to move on their own so you don't have to evict. You can also tell them that you won't sue them for the back rent as another incentive to move..

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thanks

Barrister

Customer: replied 11 months ago.
Thanks for the help. One last question.... is there any particular form I should or could use for the 30 day notice?
Expert:  Barrister replied 11 months ago.

Not really...but this one is pretty good: 30 DAY CA

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thanks

Barrister

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