Legal Question in Real Estate Law in California

We started the eviction process to evict a tenant who has not paid rent since the begining of the year. The threat of going to court prompted him to leave and returned some keys via his brother. When we went to house to check the condition, the keys were not the house keys. One of the keys opens a gate to the house but none of the rest open the doors. Can we go ahead and change the locks and take his return of even incorrect keys as an act of submission?

Thank you,

Efrain Casas


Asked on 8/23/10, 5:12 pm

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

If the brother told you that he was acting for his brother, his brother has moved out, and "here are the house keys," or something similar, I would think that you have regained possession of the property manifested by the surrender of what was thought to be the house keys. Can you confirm with the former tenant -- perhaps by e-mail -- that that was his intent and that his brother was acting for him, just to nail it down in writing?

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Answered on 8/28/10, 5:23 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Ypu might also want to look up and read two sections of the California Civil Code dealing with a landlord's rights when a tenant breaches the lease and abandons the property -- sections 1951.2 and 1951.3. They are a little too long to write out and post here, but may have some helpful provisions to follow if, for example, the tenant has left personal belongings in the house.

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Answered on 8/29/10, 3:43 pm
Daniel Bakondi The Law Office of Daniel Bakondi

I would go through belief of abandonment procedures by the book - let me know if you want help.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

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Answered on 8/29/10, 9:26 pm


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