Legal Question in Real Estate Law in California

I had someone move into a rental property with out permission of any kind. I called the police the same day they were seen moving things on the property. Can I have them arrested or do I have to use an unlawful detainer eviction to get them out?


Asked on 10/01/11, 10:40 pm

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

You do not say whether there was a tenant in the rental property who invited them to move in as part of a sub-lease or just as a friend, in which case you might have to use unlawful detainer to remove all of them. If the property was vacant, then the people who moved in are trespassers and the police may [but not necessarily will] help you remove them for committing a crime.

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Answered on 10/01/11, 10:51 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Look up Penal Code 620.5(a) and see if the description fits. You should be reasonably sure the parties are not new owners or tenants.

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Answered on 10/02/11, 8:36 am


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