Do I need to go through the formal eviction process?

Question

Before I start, clearly the best answer would come from an eviction attorney. I will most likely talk to one, but wanted to get some of your opinions before I did that. To make a long story short, we had to take over a property from an investor. The property had a lease in place which we continued to honor. After 2 month the tenant stopped paying.  The father is the only one on the lease. The father and mother just got a divorce and he moved out last month. The wife and adult son both work but have not paid rent this month. We served them with a 2 day pay or quit last week. Since the mother and adult son are not on the lease and the husband abandoned the property, I am wondering if I need to go through the formal eviction process. Can we just have the sheriff come over and make them leave? They have agreed to move out the first week of the year. I’m just deliberating whether I should cover myself by starting some form of eviction process now in case they don't move out.

Joel Owens · Answer

California is very in favor of tenant rights.It is hard enough to get them to leave in a landlord friendly state.

"Can we just have the sheriff come over and make them leave?"

The answer is NO.A cop will tell you without a writ there is no way to make them leave by force.Now if they were a squatter or broke into the property they could be arrested and removed for trespassing.

Is the son older than 18?? If so the mother and the son should have been qualified and put on the lease at that time.If not what we do in Georgia is put the name of the people on the lease and (all others). The all others is critical and covers everyone known or unknown to reside in the property.This way someone living in their cannot say the eviction says so and so but not me so you can't make me leave.

Front and back lock sets cost me 28 dollars for the set with deadbolt and we put those on the second we finish with the writ or the tenant voluntarily hands over the keys and it is vacant without filing eviction.We do this because sometimes even if tenants leave on their own they have an extra key they don't give and then when where they move to doesn't work out or have enough storage they start putting junk back into the apartment they vacated or try to squat there one day and then another place another day.

Sometimes in apartments tenants will hop from one apartment where they are evicted to staying with the unit next door that is paying.After awhile say a week or so the good deed wears off and that tenant wants the people gone from their unit.

Was the power in the husbands name?? If so and he gets the power turned off they will not be able to get turned back and and that will force them to leave.

Here the power company will not turn on power to the unit without a valid lease with that persons name and signature on it.

I would definitely file the eviction to include and all others and do it NOW.The question of hiring an attorney is "how much is your time worth to you?".

You might be better off using an eviction service.They will be cheaper and go to court for you and handle the trashing out and serving of the eviction.

You won't find an attorney getting dirty they will just shuffle papers and show up in court.In fact I have had judges rule against attorneys and enjoyed our cases much more as we were on the ball.Some attorneys feel "special" just because they hold a law license and are below par in their performance.

I tell them the eviction is filed regardless of promise of payment.I tell them you can always pay at the court hearing and I can drop the case.If you don't you will get stories like I can pay you 600 and get caught up this week and then you hear stuff like I only have 300 because such and such happened.Then they get further and further behind.

They need to pay me in full and go cold with the utilities,or do without internet,cell phone,cable.. WHATEVER to pay their bills.

Even if they move out as long as they paid me and couldn't pay utilities and run out of money at least I got mine.Let the utility companies eat their bills.When collecting the people only have so much money. We go buy on the 1st,the 3rd,the 5th and then file eviction. They know unlike other creditors we know where they live and will be relentless in getting payment.

What will happen is you will condition them to pay on time or they will leave and be a deadbeat slow to no pay tenant somewhere else.Either way you will come out the better for it in the end.

No legal advice

Steve Babiak · Answer

Those people have possession. Get the eviction started. Or whatever it is called in that area when the occupants aren't tenants on the lease (i.e. unlawful detainer, ejectment, etc.). That's the only way to guarantee that at some point you can regain possession.

No skimping out on the attorney IMO.

Account Closed · Answer

This reminds me of squatters in Dallas-

http://www.wfaa.com/news/crime/From-Eviction-to-Jail-135537188.html

I'm not an attorney but maybe they can also be charged with burglary, or at least threaten to do so if they don't get the heck out.

William Sterling · Answer

They do have possession and you will have to evict.  I'm not sure if you mistyped, but to get the process started in California you'll need to serve a 3-day notice to pay or quit.

Chris Masons · Answer

Just to be on the safe side I would absolutely file a judgement for posession. It cost about 30 bucks here in NJ to file - pretty cheap insurance in case tenant decides they want to play games. In which case it could be another month or so before you get a court date where if you file now you will have a date in place in case tenant doesn't keep their word, Imagine that, a tenant that doesn't keep their word??? LOL

Chris

Do I need to go through the formal eviction process?

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