Legal Question in Real Estate Law in California

Can I evict a tenant for giving me a check with no funds?

I would like to evict by tenent from my house in Ca. for failing to have enough

funds in his/her checking account after I deposited the check two times.


Asked on 4/28/05, 6:02 pm

3 Answers from Attorneys

Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Can I evict a tenant for giving me a check with no funds?

If your tenant has not paid the rent, you may start an eviction action. Evictions in California are governed by statute and thus subject to strick guidelines. You should have an attorney do the eviction for you.

Since your tenant's check bounced twice, you should begin the process immediately. Call me if you need help.

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Answered on 4/28/05, 7:15 pm
John Corbett Corbett Law Firm LLC

Re: Can I evict a tenant for giving me a check with no funds?

Your question should be directed to a California attorney. Landlord's rights are governed by statute. Usually, nonpayment of rent is a prime reason for eviction. In New Jersey, this is an expedited process. For an opinion on California law, you should consult a California attorney.

There is a second problem of payment with bad checks. Similarly, this is a problem of California law. In New Jersey there is a criminal statute that applies to making a check with knowledge that there will be insufficient funds to pay it. I expect that California has a similar statute. To be sure of your rights, you need to engage California counsel

If you are looking for a qualified attorney in the area of your property, try this site or www.lawyers.com.

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Answered on 4/28/05, 8:03 pm
Larry Rothman Larry Rothman & Associates

Re: Can I evict a tenant for giving me a check with no funds?

Is your tenant behind in the rent after the last bad chdck or current. When the next check bounces or if he currently behind, a 3 day notice should be served upon him. Then, an unlawful detainer action can be filed. If you contact our office, we can answer any other question about the eviction process that you have.

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Answered on 5/01/05, 11:38 am


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