Evicting a Problem Tenant

Your ability to evict a tenant who’s causing you a problem depends on the nature of the problem and whether you have a lease. If you have a lease and your tenant is just a mild annoyance, you’re probably stuck with that person until the lease expires. However, if your tenant isn’t paying rent or is causing damage to your property, you have options.

You Can’t Just Change the Locks

The worst thing you can do is lock your tenant out of your property. A legal proceeding is required to evict a tenant. If you don’t follow the procedure, the court may fine you – and allow your tenant to stay.

You Must Give Notice

All evictions require that you give your tenant notice before taking action. The first notice sets a limited time for your tenant to pay you or to stop the troublesome behavior. In both cases, if your tenant does not comply with the demands in your notice, you can then file a lawsuit to evict.  Skarbek Law Offices can prepare these notices for you, and will review a notice prepared by you free of charge.

Removing Your Tenant Is a Separate Step

If you win the eviction lawsuit, the court will order your tenant to leave, usually by issuing a “Writ of Possession.” If your tenant doesn’t move out voluntarily in a certain number of days, the sheriff will use the writ to forcibly remove the person from your property.

 


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Related Pages:

Eviction Home

Santa Clara County Pricing

Bay Area Pricing