Legal Question in Real Estate Law in California

Quick Eviction

What is the best legal way to evict someone when it becomes necessary as is the case now with us?


Asked on 1/03/09, 6:39 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Quick Eviction

It depends on the reason and whether the locality is subject to rent stabilization. Feel free to repost with more facts.

Generally, if for nonpayment of rent, you would serve a three-day notice. If the tenant pays within three days, then they've "cured" the problem.

If for other reasons, you might have to serve a 30- or 60-day notice, depending on longevity of tenancy and whether rent stabilization ordinances take effect.

If the tenant still does not vacate, then you would have to sue for unlawful detainer.

Another way is to offer the tenant(s) sufficient money to make it worth their while to move despite lease or rent stabilization restrictions ("cash for keys"). Keep accurate records, and obtain signatures.

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Answered on 1/03/09, 7:19 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Quick Eviction

One of the reasons LawGuru asks for Zip codes is so attorneys providing answers can tell if it is a rent-contolled community or not.

I would suggest as step one, to get and read one or more of the several fine paperback self-help law books on how to be a landlord or, from the other guy's point of view, tenants' rights. Be sure to get books written based upon California law. Nolo Press is a well-known and respected publisher.

After you understand your rights and the tenant's, and have a basic grasp of the timing and mechanics of eviction, you can decide whether to try to do it yourself, or partly yourself, or to get a pro. In addition to lawyers who specialize in assisting landlords, there are non-lawyer eviction services; if you use one of them, make sure it is bonded.

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Answered on 1/03/09, 8:18 pm


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