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I have tenants in the state of California that are up on

Customer Question
their contract and are too...
I have tenants in the state of California that are up on their contract and are too rowdy and might be doing illegal stuff. I need to have them legally evicted qiuck
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: California
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: No. Unless you have questions for me
Submitted: 1 year ago.Category: Real Estate Law
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Answered in 1 minute by:
8/8/2016
Real Estate Lawyer: Barrister, Lawyer replied 1 year ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,490
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Were they under a fixed term lease that has now expired?

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Have you accepted rent from them after their lease was up?

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Do you have a specific violation that they are guilty of under their lease?

.

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thanks

Barrister

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Customer reply replied 1 year ago
They started in a 6 month rental agreement since February, which was prorated since they moved in little bit after the first of the month.
They are now on month to month basis, which I have been accepting rent.
They are in violation of several items on the contract, one, being using illegal drugs. Second, having other people stay that are not in the rental agreement
Real Estate Lawyer: Barrister, Lawyer replied 1 year ago

Ok, if they have violations, you can give them a written 3 day notice to vacate specifying the violations and then if they don't move out, file your unlawful detainer in court to get a judgment and a writ that the sheriff would execute to remove them.

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If they don't move out, on the fifth day following the delivery of the notice you can file an Unlawful Detainer (eviction) action in the local Superior Court. 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, you can have the sheriff supervise the eviction of any tenant and their belongings.

.

.

thanks

Barrister

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Customer reply replied 1 year ago
I do have a question. Hiring an attorney from your firm. Can you guy's take of the eviction, completely? Or is there things I still need to take care of?
Real Estate Lawyer: Barrister, Lawyer replied 1 year ago

Unfortunately, JustAnswer is not a law firm and doesn't employ any attorneys as employees. It is an online service that has various experts from a range of professions who work as independent contractors answering questions and providing information..

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So if you are looking for an attorney to represent you, you would have to actually hire a local attorney to do so as the attorneys here on the site can't represent customers under our independent contractor agreement.

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However, these are a couple sites that we attorneys actually use if we need foreign counsel in a state where we aren't licensed. Further, customers have consistently reported good results with these sites:

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www.martindale.com

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www.lawyers.com

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They screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews.

.

.

thanks

Barrister

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Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,490
39,490 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

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