Our tenant is being evicted and according to court ordered documents, if he does not vacate the premise by 5:00 on 6/15 we will be given an 'immediate' writ of possession.
There are a few things missing from your query that make a firm answer difficult, including whether you have an attorney. Assuming you don't, it sounds as if you have either a stipulation for judgment, or possibly a judgment which gave the tenant time to move out. Issuance of the "immediate" writ is not really immediate or automatic. You usually have to prepare a declaration that the tenant did not vacate as agreed or ordered, and submit it per local rules along with a proposed writ of possession, as well as a judgment if this arrangement is based on a stipulation. Once you get the writ of possession from the court, you need to have it delivered to the sheriff along with the sheriff's fee. Once delivered, the sheriff usually goes out within one week, and usually returns one week later, unless there is a backup. The sheriff should stamp your copy of the writ with an estimated date (or week) for the lockout..See question
I have a single boarder that I need to evict. Do I have to give her a reason to evict? Do I have to follow 3 day notice before 30 day notice or can I just serve her 30 day notice?
You may fall under the lodger eviction statute - Civil Code Section 1946.5. While it still provides for 30 days notice, the lodger is a trespasser if still in the premises after a properly prepared and served 30 day notice expires. The statute allows you to then bypass the eviction process and have the former lodger arrested for trespassing.
Unfortunately, not all police and sheriff's departments understand or accept this procedure. You should contact the local police department to see if they are aware of and are willing to abide by a proper lodger eviction notice. If not, then its my experience you will still need to file the standard eviction action.See question
How much can rent be raised in contra costa county?
Mr. Roach is correct, and I would add that there are no cities in Contra Costa County that have any form of rent control at this time, although the City of Richmond briefly enacted a rent control ordinance which was then repealed.
So a landlord may issue a rent increase of any amount on a month-to-month tenant, or at the end of a lease term. The only real limitation is that if the rent increase is more than 10%, the landlord must give 60 days notice; if the increase is 10% or less, only 30 days notice is required.See question
Selling home & signed contract 05/19/15 with 30 day escrow. Agent explained that escrow is ALWAYS 35 to 45 days. I knew I needed more time as moving out of state. Buyer released contingencies yesterday. I resigned w/ 2 week notice today. Buyer wan...
It sounds like it is time to be more assertive with your agent and broker, and tell them to do their job, which is to represent your interests in this transaction. Your request is reasonable under the circumstances, and an offer to rent back for the short amount of time is also reasonable. If this does not get resolved right away, you may need a lawyer to get your agent/broker to do their job.See question
We have lived in a single family home for 15yrs. And have always paid rent each month NEVER have we gone a month without payment, although we have paid late on several occasions. Now, the owners have told the property manager to issue us a notice...
It's probably legal. There's a chance that a judge might - might - find that the landlord has somehow waived the right to be paid the rent within the first five days of the month. The problem for you is that the only way to find out the answer to that question is at a trial. A trial where, if you are wrong, you are evicted and have a judgment against you.
They are not required to give you a 60 day notice if the rent is late - that's a 3-day notice. The landlord may be "training" you to pay on time, or may be trying to catch you not paying within the 3 days, in which case the landlord would be within their rights to file an eviction lawsuit. In either case, it is quite likely that they are within their rights.See question
by his children. We have been told we will be arrested. I am afraid to go back to get our belongings. His kids have already had a liquidator come to the house to take pictures and get estimates. Can they do this when the house is still in probate?...
You need to speak with and hire an attorney immediately. If the situation is as you describe, you are legitimate tenants and cannot be forced out of the home. If you have ID or papers showing you live there, I would hope that the police would actually allow you back into the home, and that they would advise the current owners that they must go through a legal eviction before they can force you from the home.See question
I just brought a foreclosed property with a tenant inside. The bank selling this property is stating that they have not received any rent and have been unable to contact the tenant inside. The house was foreclosed 2 years ago so I am assuming he d...
Both of the answers above are correct, and you should consult with a landlord-tenant attorney regarding how to proceed.
Your consultation might be quite brief, however, since it appears you are willing to either pay him to leave or enter into a new lease with him. A landlord-tenant attorney will be able to advise you regarding your options in the event you are not able to work out a cash for keys or new lease. Our office handles this type of matter.See question
I am a landlord and my tenant is two months late on his rent. He made a payment this month, which I will apply to the unpaid rent two months earlier. The previous month's rent and this month's rent is still unpaid. I should not have let him stay f...
You should always apply rent payments to the oldest unpaid amount, and reflect that in your ledger or accounting. This can be a problem where there is a longstanding deficit in rent payments, because a residential landlord may not sue for rent which is more than one year past due. This is why you should always apply payments to the oldest unpaid amount. Fortunately, that does not apply to your situation. Your tenant's argument is not valid.See question
The City Code Enforcement Officer wrote - "The City at this point does not agree with your assessment that the City of Walnut Creek is requiring you to allow access from one property to another to accommodate access to a public way.At this point, ...
Agree with first answer - the question is too fact-specific, and answering it on this website would look a lot like advice. You do need to contact a local real estate attorney on this issue. The lawyer would need to look at the history of this gate and the underlying documents in order to begin assisting you.See question
Tenants have been living in the same house for over 5 years. They were late for the March rent. We tried to reach them; but they did not answer phone calls and other attempts of getting a hold of them. I hired a lawyer to send them a 3 day notice...
I find that tenants often demand a jury trial in their response, and they do have that right. However, I have never seen a tenant then take the next required step, which is depositing the $150.00 with the court no later than 5 days before the trial date. I'm sure it happens on rare occasion, but it is rare.
The tenant would then have to pay the jury (or jury panel if jury selection not complete after day one) fees and mileage on day 2, day 3, etc.
So while you are likely to have a bench trial, you won't know for sure until a few days before trial.See question