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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10236
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I have tenants that live in my home they have not paid rent

Customer Question

I have tenants that live in my home they have not paid rent for 6 months they have had the power shut off for a month and a half and the water has been shut off for two weeks they left for a week and a half with garbage everywhere inside and out of the house and took some of their things do I legally have to start the process of eviction I have had the power turned back on in my name and the water to avoid my house being boarded up they returned and broke back into the house and are now staying there what can I do
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 3 months ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

I am sorry to learn of this situation.

Yes, you do need to go through the eviction process (including the judicial unlawful detainer procedure).

You will want to retain a lawyer at this point. (I know that customers do not come here to be told "go hire a lawyer" - but you need one now, by changing the locks and deadbolts on the property, you created a situation where the tenants can argue that you performed an "illegal eviction" of them - I know this probably isn't the case (and certainly wasn't the intent), but you need an experienced attorney to help you deal with this issue and ensure that you are not stuck dealing with these people in your home and further damaging/devaluing your property any longer than absolutely necessary.

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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