Do I have to get an attorney to evict if I am Successor Trustee to a trust holding real estate rental?

Since the tenant has not paid rent, you can serve him with a "3 Day Notice to Pay Rent or Quit". By this notice, the tenant has three days from the date of service to pay the full amount of rent plus any late charges or the must leave the property. However, since you have already served the tenant with the 30 day notice and the time for the tenant to move has expired, you can proceed with the eviction based upon the 30 day notice. Either way, if the tenant is not leaving, you must then file an Unlawful Detainer action in the county where the property is located. I am attaching the California Court forms website. You will need to use the form under "Unlawful Detainer(Landlord/Tenant). You can fill in the Complaint form online and print it out. You should list the Trust, and you and Successor Trustee as Plaintiffs. You should have an original Complaint and two copies.One copy is for your records and one is to serve on the tenant. If there is more than one tenant on the rental agreement, you should serve each tenant with a copy and a blank copy of the Answer. Please have a process server or another adult (not a beneficiary or yourself or anyone who was a party to the rental agreement) serve the Complaint on the tenant. First, though you will need to file your Complaint in your county court, along with the appropriate filing fee. The court will set the matter for a hearing. You can ask the court clerk about the procedure for setting the case for a hearing when you file your complaint. If the tenant does not answer the complaint, then you'll need to file a Declaration of Default (see forms). In that case, you should also ask the court clerk for the default procedures in your county. Most likely, the court will require a prove-up hearing before issuing the default judgment. If the tenant answers the complaint, you will also need to prepare for the hearing. Sometimes, though, a tenant may answer the complaint but not appear at the hearing. In any case, bring all your documents with you to the hearing and be prepared to answer any questions the judge might have about the rent, the agreement, the service of the notice. Best of luck to you. --------------------------------------- This response is intended to provide information only. No attorney-client relationship has been created by this response.

If you have the legal status as successor trustee, you represent the interests of the trust. If the trust owns the real estate, then you are really the only person that can bring the eviction action. Move immediately and quickly in bringing this action. You should retain experienced real estate counsel to assist you and to answer any questions you may have as to your authority and the actions to be taken. Hope this helps. If you think this post was helpful, please check the thumbs up (helpful) tab below and/or designate my answer as best answer. Thanks. LEGAL DISCLAIMER Mr. Fromm is licensed to practice law in PA with offices in Philadelphia and Montgomery Counties and services clients in all parts of Pennsylvania. He can be reached at 215-735-2336 or at the email address listed below. He has an AV Preeminent Rating (5.0 out of 5.0) with Martindale-Hubbel, the highest possible rating for legal ability and ethical standards. Also, he has received a 10.0 rating from and was featured as a 5Star Wealth Manager in the Philadelphia Magazine, November 2009 issue on page 123. Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.