Found an issue on this page? Let us know and we will look into it as soon as possible.
Tenant refuses to leave even served the 30-day notice, what do I do?
Anonymous2 views4 answers
Has been late on rent (have no written records except for one email/however owner of house is witness to late payments), Broke blinds and window screen to room, causing/creating substantial mess in kitchen and bathroom in the past and became defiant/hostile when I told him to clean up after himself, smokes weed consistently. Breached lease of agreement multiple times. Had a verbal agreement to lower rent with aid with contact lenses, has not provided me with contacts every month. Created a threatening/hostile environment against live in landlady, and unclean environment for me and my tenants. Overall a very irresponsible, disrespectful tenant in which I don't believe any of our differences can be resolved by living in the same house.
Brad S KaneLandlord / Tenant LawyerLos Angeles, CACA licensed ·
If you served a valid 30 day notice to terminate, then the next step is filing an unlawful detainer to evict the tenant. If the tenant has been there a 1 year or more, the tenant is entitled to 60 days notice.
For self help information, form and instructions from the California Courts go to:
http://www.courts.ca.gov/selfhelp-housing.htm
At the same time, you should also strongly consider hiring an attorney to assist you.
You will need to file an unlawful detainer lawsuit in order to evict this tenant. The UD can be based upon the 30 day notice, or a 3-day notice to pay rent or quit. I don't suggest that you try evicting the tenant yourself without an attorney, since UD cases are procedurally technical. You are going to need professional help in order to obtain a writ of possession that the sheriff can serve and ultimately lock out this tenant.
It is important to seek the aid of an attorney to represent you in this matter. An attorney will be able to advise you on what your rights are in addition to being able to recover possession of the premises at the quickest time possible. Assuming that you have served a proper notice, the next step in the process is to file an unlawful detainer action against your tenant.
