Getting Tenant Out

Napa County, California
Managing Your Property
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Getting Tenant Out

Amanda Bradley
Homeowner · Member since 2023 · 6 posts · 0 votes

Hi there,

My lease for my tenant was due to be up 2/2/25. I informed my tenant in January I would not be renewing. He asked me to stay through March 31,2025  I allowed. The tenant has not paid January, February or March rent. He told me he'd pay 2/5, but never did. I've reached out to him and he's not replying. It's now been 3 months no rent and lease is over with non renewal. What is my next step if he doesn't actually leave March 31st?  

located in Lake County California 

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Melanie ThomasBusiness Member
Real Estate Broker · San Antonio · Member since 2022 · 1k+ posts · 489 votes
1y

I strongly recommend that you start the eviction process immediately. You’ve already given ample time for him to leave, and not receiving rent for three months is a serious concern.

It’s essential to follow the lease terms to the letter. The moment a tenant deviates from the agreed-upon terms—whether it’s non-payment or failure to vacate—you must take immediate action. Giving an inch often leads to them taking a mile. By starting the eviction process now, you'll be in a better position to protect your investment and avoid further delays or complications. Good luck & happy investing!

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  • Melanie ThomasBusiness Member
    Real Estate Broker · San Antonio · Member since 2022 · 1k+ posts · 489 votes
    1y

    I strongly recommend that you start the eviction process immediately. You’ve already given ample time for him to leave, and not receiving rent for three months is a serious concern.

    It’s essential to follow the lease terms to the letter. The moment a tenant deviates from the agreed-upon terms—whether it’s non-payment or failure to vacate—you must take immediate action. Giving an inch often leads to them taking a mile. By starting the eviction process now, you'll be in a better position to protect your investment and avoid further delays or complications. Good luck & happy investing!

    [email protected]
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  • William J AndersonPro Member
    Portsmouth, VA · Member since 2024 · 36 posts · 30 votes
    1y

    Hi Amanda,

    I understand how frustrating and stressful this situation can be. Managing rental property is a business, and like any business, it must be run with a clear focus on financial sustainability. Here are a few key takeaways that may help as you move forward:

    1️⃣ Investment property is a business. While we may extend kindness to tenants, rental income is not optional—it’s the foundation of our investments. Allowing a tenant to stay without payment for multiple months is not sustainable. Moving forward, consider enforcing late fees and ensuring that any extensions come with strict payment terms in writing.

    2️⃣ The manner of our delivery is where we show respect. While firm action is necessary, how we communicate matters. Clear, professional, and documented communication ensures you maintain control of the situation while keeping interactions respectful and legally sound.

    3️⃣ Know the law and act decisively. Your lease has ended, and the tenant is now overstaying without payment. If they do not leave by March 31st, you must act quickly. In most jurisdictions, that means immediately serving a formal written Notice to Quit and beginning the eviction process without delay. The longer you wait, the more losses you incur.

    I encourage you to stay firm yet professional—this is your business, and it deserves to be treated as such. Wishing you a smooth resolution and all the best.

    1Reply
  • Joseph Cooper
    Contractor · Lakeport, CA · Member since 2022 · 17 posts · 12 votes
    1y

    Here is a link to the Lake County Sheriff's office. https://www.lakecountyca.gov/853/Services

    They provide an eviction service. See description below.

    To complete an eviction, the Sheriff's office requires the original writ of possession. The fee for an eviction is $180. Evictions are executed in two parts. The 1st is to post and mail the eviction notice. The 2nd is the restoration. The restoration is the final step in the eviction process, and it legally restores the property to the plaintiff.


    Hope this helps,


    Joe

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  • Jacob HeartBusiness Member
    Property Manager · Nashville, TN · Member since 2025 · 9 posts · 0 votes
    1y

    This is quite frustrating and I am sorry you are dealing with this! Everyone above has provided very sound advice. A strategy I have also seen work is actually offering tenants money to leave. Ie. Covering their moving costs. Its likely that you will never see money back from that tenant, so it may be in your favor to offer them money to leave immediately so you can get it leased back to a higher quality tenant and restore income to the property. Best of luck! 

    [email protected]781-460-8849
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  • Jay HintonPro Member
    NAPA CA · Member since 2025 · 9 posts · 2 votes
    1y

    I had a similar issue last winter in American Canyon. I tried to do it myself and they put up a fight, then I hired a lawyer and they went with out a fight. Money well spend. Rent went up $750 a month with the new lease!!

    Jay

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  • Kyle MccawBusiness Member
    Property Manager · Keller, TX · Member since 2011 · 1k+ posts · 1k+ votes
    1y

    @Amanda Bradley

    Tough spot. Once rent has gone unpaid for this long, and communication has stopped, you're likely dealing with a holdover tenant. Since you're in California (specifically Lake County), you’ll need to follow the legal eviction process under state law—especially because CA has stronger tenant protections than many other states.

    If he doesn't vacate by March 31, you’ll likely need to serve a formal 3-Day Notice to Pay Rent or Quit, even though the lease ended, because he’s still occupying the property without paying. If there’s still no response, you’d move forward with an unlawful detainer (eviction) through the courts.

    Don’t wait. Time is critical when it comes to non-paying tenants. Also, gather all documentation—communications, your written non-renewal notice, and any agreements you made to extend occupancy through March.

    For others reading: this is why timely rent collection and structured follow-up is essential. Our team has learned the hard way over the years—delayed action often leads to thousands in losses. Stay consistent, and use professionals when needed. It’ll save money in the long run.

    Hang in there—real estate tests your patience sometimes, but staying professional pays off.

    McCaw Property Management4.4902 Reviews
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  • Amanda Bradley
    OP
    Homeowner · Member since 2023 · 6 posts · 0 votes
    1y
    The tenant passed away on Tuesday 4/1. Do you know if I can legally change the locks ? It was himself and 3 minor kids; kids are with grandparents and have a CPS case
    0Reply
  • Bill B.
    Investor · Las Vegas, NV · Member since 2013 · 8k+ posts · 10k+ votes
    1y

    If he didn’t have a will. Ask the grandparents if they want ANYTHING that’s in the unit. Tell them you’ll arrange for anything useful left behind to be donated and the rest disposed of and ask them if that’s ok. Get it in writing. You do not want parents with a dead child suing you for throwing away their final memories. 

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  • Amanda Bradley
    OP
    Homeowner · Member since 2023 · 6 posts · 0 votes
    1y

    The grandparents do want their belongings at some point. The issue is the hosue had multiple "runaway" or "missing " kids and my neighbors are informing me there's random kids going in and out. I want to change the locks at this point , but not empty it until grandparents/kids get a chance to go there 

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  • Henry T.
    Member since 2022 · 1k+ posts · 1k+ votes
    1y

    Well that sure changes things. Get an eviction attorney.  You can either go thru with an eviction(all persons), where a sheriff will go thru and declare the place empty, at which point you can then change the locks.

    Or, you can take the risk and declare the place abandoned yourself. Read your local law requirements about this step.

    0Reply
  • Amanda Bradley
    OP
    Homeowner · Member since 2023 · 6 posts · 0 votes
    1y

    The grandparents are landlords themselves , have been for many years. They called me yesterday to inform me they are emptying the house of all the belongings. Do I still need to follow through with legal eviction even though they are vacating all the belongings? He said he'd call me once it was empty.

    0Reply
  • Jay HintonPro Member
    NAPA CA · Member since 2025 · 9 posts · 2 votes
    8mo

    How did this end up?

    Jay

    0Reply
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