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Tenant moved in 2/1/2018 but didnt pay security deposit of…

tenant moved in 2/1/2018 but...
tenant moved in 2/1/2018 but didnt pay security deposit of $1895 and feb $1895 and march 1895 rent, sent eviction notice on 2/10/18 to vacate or pay in 3 days, tenant still dont want to pay or move out...what I can do now
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Answered in 1 minute by:
3/12/2018
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,048
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Has the tenant paid anything since you give them the 3 day notice?

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thanks

Barrister

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Customer reply replied 5 months ago
nothing
Customer reply replied 5 months ago
didnt pay anything
Customer reply replied 5 months ago
i searched online and talked to the old land lord and found he had 3 other same case and didnt pay rent

If the tenant doesn't voluntarily move out after the landlord has properly given the required 3 day notice to the tenant, the landlord can evict the tenant. In order to evict the tenant, the landlord must file an unlawful detainer lawsuit in superior court.

An unlawful detainer lawsuit is a "summary" court procedure. This means that the court action moves forward very quickly, and that the time given the tenant to respond during the lawsuit is very short. For example, in most cases, the tenant has only five days to file a written response to the lawsuit after being served with a copy of the landlord's complaint. Normally, a judge will hear and decide the case within 20 days after the tenant files an answer.

In an unlawful detainer lawsuit, the court holds a hearing at which the parties can present their evidence and explain their case. If the court finds that the tenant has a good defense, the court will not evict the tenant. If the court decides in favor of the tenant, the tenant will not have to move, and the landlord may be ordered to pay court costs (for example, the tenant's filing fees). The landlord also may have to pay the tenant's attorney's fees, if the rental agreement contains an attorney's fee clause and if the tenant was represented by an attorney.

If the court decides in favor of the landlord, the court will issue a writ of possession. The writ of possession orders the sheriff to remove the tenant from the rental unit, but gives the tenant five days from the date that the writ is served to leave voluntarily. If the tenant does not leave by the end of the fifth day, the writ of possession authorizes the sheriff to physically remove and lock the tenant out, and seize (take) the tenant's belongings that have been left in the rental unit. The landlord is not entitled to possession of the rental unit until after the sheriff has removed the tenant.

The court also may award the landlord any unpaid rent if the eviction is based on the tenant's failure to pay rent. The court also may award the landlord damages, court costs, and attorney's fees (if the rental agreement or lease contains an attorney's fee clause and if the landlord was represented by an attorney). If the court finds that the tenant acted maliciously in not giving up the rental unit, the court also may award the landlord up to $600 as a penalty. The judgment against the tenant will be reported on the tenant's credit report for seven years.

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thanks

Barrister

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Customer reply replied 5 months ago
still reading

No worries... let me know if you have further questions..

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Customer reply replied 5 months ago
perfect answer
Customer reply replied 5 months ago
i am filing tomorrow -- how many days the court will give him to response

5 days to file a response or you can then file for a default judgment..

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Customer reply replied 5 months ago
how long it will take for court if tenant doesnt response--
Customer reply replied 5 months ago
i meant after default judgement - how long it will take or what is the next step

After you get a judgment, you can get the writ issued 5 days later. Then you set up a time with the sheriff to arrive at the property and the sheriff will physically remove them from the property and restore you to legal possession of it. Then if they come back and try to gain access after you change the locks, they are trespassers/burglars and can be arrested.

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,048
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
Barrister and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 5 months ago
thanks and last question- how long usually the sheriff takes to take action

Once you get the writ issued by the clerk 5 days after the judgment is entered, it might take a couple days to get on the sheriff's schedule for the formal eviction... So it just depends on how busy the sheriff is as to when he can fit you in on his schedule.

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Customer reply replied 5 months ago
thank you so much--

You are very welcome. Happy to help any time.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

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Have a great evening!

Barrister

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