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Socorro1 · Oct 31, 2008, 04:49 PM

I have a tenant who owes me one months rent, deposit, she gave me a deposit check but when I went to cash it, she closed her bank account. She now has a dog which is not allowed per my rental agreement. I have sent her 2 certified letters regarding the rent and deposit and then she gave me a letter telling me that she will move in 7 days. Today is the 7th day and she is not moving. She also has 6 people in the home when she originally told me only 2. What are the proper steps to evict her?

N0help4u · Oct 31, 2008, 05:01 PM

You need to go to court where they deal with housing issues. In my state it is the local magistrate. File with them and they will tell you how many days the state requires you to give them. Then after the formal court eviction procedure if they are still there then the Sheriff or constables will remove them.
If they pay up and fix the problems (get rid of extra people and the pets) then they will very likely be allowed to stay.

ScottGem · Oct 31, 2008, 05:11 PM

I moved this to the Real Esate Law forum. At the top of this forum is a link to state laws. Which will detail the process for you. You really shouldn't start renting without familiarizing yourself with the rules for being a landlord.

Generally, the process is serving a pay or quit notice that gives the tenant 3-10 days to pay or vacate. If they aren't out by that time you then go to court for an eviction order. There will be a hearing and the order will be issued. The final step is to get a sheriff to physically remove them.

Fr_Chuck · Oct 31, 2008, 06:29 PM

You are wasting time letting them tell you what they plan to do, people like this know the law and will milk it for every day they can living free normally.

You need if you are going to have rental property, to know the eviction law inside and out,

For this, I would go to an attorney, and have them educate you on all of the laws,

You will need to know them in the future ifyou plan to be a landlord

cdad · Nov 1, 2008, 08:07 AM

First off you need to find out if your area is governed by a housing commission. If so they have guidelines. Your going to need to go to court for the eviction process. For the whole thing to be over it can take up to 90 days. Mostly its going to vary by where the home is. Be sure to get help with this if you don't understand any part of the process and dot all I's and cross all T's.

cd3assist · Nov 6, 2008, 07:07 PM

Go to your local to the courthouse, civil division. Ask them for a packet for an eviction. You will complete this, have a 3 day quit or notice served on your tenants. You will have to have a process server or the sheirffs department civil division serve them. You cannot not serve them because you are an involved party.

Once served they have 3 days to respond. If they respond, then they have 2 weeks to court for a hearing. If they don't respond, then you get an unlawful detainer, have that served on them. Then now in California, they have 60 days to leave. If they do not, then you get the sheirff to remove them. Most of the time, they just leave, because, they don't like the hassle.

If you suffer any money lost $5000 or under, go to small claims court, sue them. Its cheap and easy. Once you get the judgment, go to Liberty Judgment Recovery.

This company is awesome at collecting, they can also assist in collecting child support judgments.

ScottGem · Nov 6, 2008, 07:58 PM

Originally Posted by cd3assist

Once served they have 3 days to respond. If they respond, then they have 2 weeks to court for a hearing.

This doesn't sound right. Generally with a pay or quit notice if the tenant neither pays or vacates, then the landlord files for eviction. At that point a hearing is scheduled.