Evicting a tenant follow up question

5 Replies

Hello again,

I'm a newbie landlord posted a question a few weeks ago. I have a tenant currently who had illegal drugs and was subletting to other people I did not know about. That roommate subsequently shot somebody at the house (non fatal). 

So I am going thru the eviction process. For evidence I have the police report, but it doesn't say much. It just says that there was an arrest at the house on that date. Is there anything more I need to do to provide evidence? Just want to be prepared for court. Not sure since this is my first time evicting a tenant.

Thanks in advance for your advice! You guys rock :)

@Tien Nguyen   Obtain the services of a qualified attorney who specializes in landlord-tenant law for your jurisdiction. Not only because you are new to this, but also because you are in California. Too high a risk to do it yourself. Hopefully your rental agreement is a good one and your documentation of all the events is solid.

That sounds like an incomplete police report.  Sometimes the officers get behind on their paperwork, so it can take several days to get a complete report.  See if you can get a completed report that gives more information.

You can talk to the police officer if he can join you in court as witness.  Here in South Carolina, we often talk to police departments to help reduce crime.  They mention to us if we need police officer to come to court, they are willing to partnership with landlords.  I have seen many cases when officer will come to court for eviction.

Just file eviction for violation of lease.  Most likely it won't even go to court.  If tenant knows they were in wrong, they will try to make arrangement to move or something.  

I went and got an attorney already. I'll talk with the detective involved. Hopefully everything goes smooth. Thank you!

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