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I am trying to sale my rental house and the tenant is

Customer Question
I am trying to...

I am trying to sale my rental house and the tenant is refusing to move. I have already issued a 30 day notice forty days ago.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

What should I do toward getting the tenant to move out

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

California month to month

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes there could be issues regarding upkeep which is in part why i want to sale.

Submitted: 10 months ago.Category: Landlord-Tenant
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Answered in 5 minutes by:
9/27/2017
Lawyer: Loren, Lawyer replied 10 months ago
Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 39,330
Experience: Attorney with 30 years of experience representing landlords and tenants.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

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Lawyer: Loren, Lawyer replied 10 months ago

You basically have 2 choices.

First, assuming the notice was sufficient, you will need to file a forcible detainer in court, obtain an order of ejectment and place it with the sheriff for execution. The sheriff will come out and evict the tenant and their personal property.

That process will take about a month.

The other possibility is to take a page from the mortgage lenders who want to legally remove someone from possession as quickly as possible. You can offer "cash for keys". I other words, see if the tenant will accept a nominal sum of money to avoid eviction and move out voluntarily by a certain date.

If you and the tenant are able to arrive at terms, make sure it is in writing and signed by the tenant so that it is enforceable. Also, do not pay until they actually have vacated, signed a release and tendered possession back to you.

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Lawyer: Loren, Lawyer replied 10 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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