Legal Question in Real Estate Law in California

Re: A landlord's nightmare

The fastest legal way to evict a tenant in a situation where the tenant is in violation of the terms of the lease is to demand the property back in writing (and sent via a verifiable method). If he tenant does not vacate the property by such date, you may file a dispossessory (eviction) action in magistrate court.

Keep in mind that because you utilize a property manager, you are not exempt from any of the state landlord-tenant laws such as a final walk-through.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Re: A landlord's nightmare

As submitted, your question indicates California law applies. This may be a mistake, but if the rental property is indeed in California, please note that the eviction process is rather different here.

My advice would be to rely more upon the local property manager. If you are paying for management, it is up to the manager, in the first instance at least, to prevent problems by screening tenants properly, and when problems do occur, to nip them in the bud.

Re: A landlord's nightmare

It is unclear from your question where the property is located; keep in mind that each state has different laws regarding landlord/tenant issues. If it is in California:

The landlord can terminate the tenancy by giving the tenant only three days' advance written notice if the tenant has done any of the following:

* Failed to pay the rent.

* Violated any provision of the lease or rental agreement.

* Materially damaged the rental property ("committed waste").

* Substantially interfered with other tenants ("committed a nuisance").

* Used the rental property for an unlawful purpose.

If the tenant doesn't voluntarily move out after the landlord has properly given the required 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.

Regards,

Bryan

619.400.4929

Re: A landlord's nightmare

A professional property manager would know all those answers. If not, then you need to hire either a specialized attorney or an 'eviction service' to handle this correctly. To evict, you must follow all the notice rules and procedures. One mistake and you get to start over. Either you or your property manager should check with the local Lawyer Referral Service or find an 'eviction service'.