Tenant refuses to leave and 30 day notice was already given?

[chason62]

Tenant has already 4 months without paying rent a 30 day notice was already given but still refuses to leave. I live in California and I know each state has its own laws what can I do????

[dodya]

Call the police and have them escorted out.

[eddis]

File for an eviction with the courts. Be prepared for another month of them living there while the court processes and hears the case. Then about other two or three weeks to have the law show up to kick 'em out.

[ahanu]

Call the cops and they will force them out.

[regenweald]

If you're the landlord shouldn't you know the laws?

Call the police.

[gobrwy]

Why haven't you gone to your local court house and filed 'EVICTION' paperwork on them...............
A 30-day notice is only if a tenant is moving out. YOU must file eviction paperwork, paperwork is signed by a judge and given to a sheriff to serve the eviction notice. If they refuse to leave - then call the cops and they will escort the tenants off of the property.

[shadrach]

Now you have the right to evict him with the help of police.Try to do it on Friday , so that he can't get the opportunity to pursue a stay order from court as next two days are holidays.

[roche]

I agree with Hanna, call the Sheriff and see if they can remove them. But it depends, you say a 30 notice was given, was this you putting a notice on the door or via mail, or was this done through the courts.

[jarl]

The only POSSIBLE way to force someone to leave is to obtain a court order, known as an "Unlawful detainer". The landlord files the lawsuit in the local court, has a copy of the complaint and summons "served" on the tenant, and off you go. In Cal it is a "summary process", meaning you may be given a court date of three weeks or so, at which point you and the tenant go to a hearing, where the tenant can provide a "defense" to why they should be allowed to stay. If the court agrees with the landlord, a "writ of possession" is issued, giving the tenant five days to leave before the sheriff physically removes them.

The landlord may also request the court to order payment of the landlord's eviction expenses, unpaid rent, damages to the premises, interest, collection costs, attorney fees, and perhaps additional penalties, depending upon the circumstances.

Note: You could have started the eviction process the day after the first time the rent was unpaid. You may also learn that there are good reasons to have a WRITTEN lease, clearly spelling out the rights and obligations of the landlord and tenant.

[napayshni65]

File an eviction notice with the courts................. duh!