Legal Question in Real Estate Law in California

Re: how to evict someone

It depends upon the way the person or persons to be evicted obtained possession in the first place and why they are no longer entitled to possession. The usual scenario is that they were originally lawful tenants under either a month-to-month self-renewing tenancy, or a lease for a fixed term.

A month-to-month tenancy must first be terminated by giving proper prior notice, usually 30 days. No notice is required when a fixed-term tenancy expires. If a fixed-term tenancy is being terminated early due to a breach of the terms by the tenant, notice is also required.

Once notice is given, if the tenant does not move out, the landlord may sue the tenant and other occupants for unlawful detainer. This is a speeded-up special lawsuit. If the landlord wins, and most do, the landlord can obtain a writ of possession, which when given to the sheriff to be carried out, will result in a legal eviction by whatever means are necessary.

The process would be difficult for an inexperienced landlord to handle, even if he were right there. Doing it from Egypt without mistake would be nearly impossible.

I'd suggest either waiting until you return, or finding a bonded eviction service to handle it for you. There is at least one eviction service in each of California's larger counties. For example, there are four in my county (Marin) listed in the Yellow Pages

Re: how to evict someone

Just get a property manager or other agent to handle this for you. Then have that person hire a lawyer who knows unlawful detainer law.