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I have evicted a tenant for non-payment. Do I have the right…

I have evicted a...

I have evicted a tenant for non-payment. Do I have the right to hold the personal property in my property until she pay the debt?

Lawyer's Assistant: What steps has the tenant taken so far? Has she prepared or filed any paperwork?

She has a lawyer who called me to release her personal properties. She converted my property into business and have an independent living renters but did not paid her rent on the property for several months.

Lawyer's Assistant: Where is the property located?

National City.

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

I want to know if its true that CA law, the landlord has no right to hold the renters positions unless she paid her dues.

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Answered in 7 minutes by:
4/11/2018
Olivia Kent
Category: Real Estate Law
Satisfied Customers: 4,723
Experience: Executive Director at Neurogenx Nerve Center of Princeton
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Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is general information for educational purposes only. No course of action is proposed and the information provided does not constitute legal advice. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the website - but if you do want a phone call I’d be happy to do that as well. I'll be happy to help you in any way I can.
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I'm going to answer your question and my one request is that you please please PLEASE not shoot the messenger... I have an ethical obligation to tell you the truth (and I've never been one to tell people what they want to hear, if it's not the truth, anyway.) Even when a tenant is evicted they are entitled to their personal property - whether or not they owe the landlord money; keeping the personal property is akin to "self help" and it's not permissible. As much as I wish it was otherwise, sometimes I have to give information that isn't "good news." I hope you don't take it out on me! If it were up to me, I'd only give people good news! Please don't shoot the messenger on this one - I really would tell you otherwise if I could! If you don't need any additional information, could you please take a moment to check the box stating that I answered your question so that I receive credit for working with you. It DOES NOT cost you anything extra and it allows me to get credit for helping you. Sometimes people aren't aware that experts don't get any credit for the time and effort that we spend on our answers unless you rate it positively. 5 STARS is always appreciated! You can still ask follow up questions after rating - and of course please ask if you need clarification to anything I've written. There may be some lag in my response time if you follow up with additional questions. It just means I'm working with someone else but I will ALWAYS come back an answer your questions when I'm done.

Olivia Kent
Category: Real Estate Law
Satisfied Customers: 4,723
Experience: Executive Director at Neurogenx Nerve Center of Princeton
Verified
Olivia Kent and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 4 months ago
Thank you for telling me. What action should the landlord do to legally pressure the renter to pay?

I answered in your other thread but I'll answer here as well :)

Really there's no way to "pressure" the tenant to pay - but you CAN sue the tenant in small claims court for the back rent that they owe you!

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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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