What if tenants refuse to leave at the end of their lease date?

Asked almost 5 years ago - Petaluma, CA

I will be giving a 60 day and 30 day letter reminding my tenants to vacate by the agreed upon lease ending date. What if they say they have not found a new place by that time?? How do I get them out?

Attorney answers (3)

  1. James Joseph Falcone

    Contributor Level 11

    Answered . The only way to get them out is by filing an unlawful detainer (eviction) lawsuit. Do not hesitate. Once they are served with the summons and complaint, they have 5 days to file a response. If they do not file an answer you can enter their default. Otherwise, if they file an answer, you have file a request for a trial day, which will be 15-20 days out. Then if you win at trial, you have to get a Writ that the sheriff will serve,; the sheriff will give them 5 days, then will physically remove them. Thus, it will take a month.

    Disclaimer
    The content of this comment contains general information based on California law and is provided for informational purposes only, and should not be construed as legal advice on any subject matter. You require specific legal advice and should not rely on general information provided in response to a question posted on Avvo. You should consult with an attorney to discuss the matter and for any specific legal advice.

  2. Robin Mashal

    Contributor Level 19

    Answered . Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

    Mr. Falcone is correct. Keep in mind that if you accept rent from the tenants after the expiration of the lease term, they will become month-to-month tenants.

  3. Henry Daniel Lively

    Contributor Level 20

    Answered . I agree with the other attorneys. If the tenant refuses to leave, start eviction proceeding ASAP, accept no more rent as this will create a new month to month tenancy.

    Disclaimer - This response does not constitute legal, accounting or other professional advice. Only through a personal, confidential consultation with qualified legal counsel can anyone properly evaluate their own unique legal challenges and determine what, if any, appropriate legal strategies and tactics should be implemented to meet those challenges.

    Circular 230 Disclaimer - “Nothing in this response is intended or written to be used, and cannot be used by any person for the purpose of avoiding tax penalties regarding any transactions or matters addressed herein. You should always seek advice from independent tax advisers regarding the same.

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