Legal Question in Real Estate Law in California

Re: Tenant won't get out!!

No. You have to evict her by bringing an unlawful detainer action. The law provides for an expedited proceeding when possession of real estate is at issue.

Re: Tenant won't get out!!

The police will simply tell you that your situation is a civil matter, and will not do anything to remove your tenant.

You must file an unlawful detainer action, which means filing a lawsuit. This type of lawsuit is indeed expedited, but you still must file a summons and complaint, have the summons and complaint personally served on the tenant, and wait for 5 days to see if the tenant files what is known as an answer. If no answer is filed, you can then request that the tenant's default be entered and that possession be awarded to you. If the tenant answers the complaint, you will have to go to trial and prove that you provided the appropriate notice to the tenant, and that the tenant has not moved.

You may want to go to the court nearest to the rental and ask if they have an unlawful detainer assistant who may be able to help you. Alternatively, you can obtain the forms needed from the court and try to fill them out properly and act as your own attorney, or you can hire an attorney in your area to handle the matter for you. Most attorneys who handle unlawful detainers charge a relatively small set fee for uncontested matters (many between $300 and $500). These attorneys know what they are doing and may even save you money in the long run. If you do not know what to do and do something wrong, you will either need to start all over again, or hire someone to help you; hence an attorney will save you money, and more importantly, your time.

Re: Tenant won't get out!!

A tenant who remains after the expiration of a lease or of a notice to quit is not a trespasser, but more akin to someone who has breached a contract. This is because the tenant's original possession of the premises was lawful. The landlord must prove that (s)he is entitled to repossess the premises. California law provides a so-called summary procedure for trying matters related to right of possession; it's called "unlawful detainer," and while many are handled by attorneys, a landlord has other options such as hiring an eviction service or an unlawful detainer assistant (a kind of paralegal), either of which may be cheaper.

You need to learn more about the laws of being a landlord. I suggest buying and reading a self-help law book from Nolo Press or the like on tenants' rights and/or "how to be a landlord."

Re: Tenant won't get out!!

You need to file and serve a summons and complaint for an unlawful detainer, go to court and get an eviction order. Please call me directly at (619)222-3504.