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    chefbri's Avatar
    chefbri Posts: 4, Reputation: 1
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    #1

    Apr 23, 2013, 01:34 PM
    Non paying tenants rights
    We have a 3bdrm/3bath house in California. The tenants have been there for almost 6 months, and have not paid a dime in rent. They were supposed to be locked out today, but they got a stay of eviction. How do we get them out?? The man is a very religious person, and he owns a company that takes over foreclosed homes.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Apr 23, 2013, 01:37 PM
    How/why did they get the stay?
    chefbri's Avatar
    chefbri Posts: 4, Reputation: 1
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    #3

    Apr 23, 2013, 01:49 PM
    Quote Originally Posted by JudyKayTee View Post
    How/why did they get the stay?
    After reading online about the stay of eviction, I now know he needs to prove to the judge what the hardship or reason for the stay is. How much time does he have now, and can we get a look at the stay that was given to him. Is that at the sheriffs office? Thanks!
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #4

    Apr 23, 2013, 01:51 PM
    A copy of the stay of eviction should be in the court clerk's office. The stay should be for a specific period, often anywhere from 30 to 90 days.

    The stay would have been granted during a court hearing. Weren't you notified that there would be a hearing where the tenants would be requesting a stay of eviction?
    chefbri's Avatar
    chefbri Posts: 4, Reputation: 1
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    #5

    Apr 23, 2013, 01:54 PM
    No, she did not get notified of a hearing?
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #6

    Apr 23, 2013, 02:00 PM
    It may have been done as an "emergency" hearing. You have to call the court clerk or go to their office to find out how long the stay will last. If the tenants have not moved out by the time the stay period has ended you have to file a motion with the court to have the eviction enforced.
    chefbri's Avatar
    chefbri Posts: 4, Reputation: 1
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    #7

    Apr 23, 2013, 02:09 PM
    Thanks! My GF is fighting with her ex husband over this house. She knew nothing of a hearing , and her ex said nothing about one. Unless he is lying? Could the emergency hearing have granted the tenants the same amount of staying time, or is it shorter? They owe more than 9 grand in back rent. Don't they need to pay her for the time that the stay is granting them?
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #8

    Apr 23, 2013, 02:15 PM
    The amount of rent during the stay period would be added to the back rent that's already due. I don't know if your state will grant a stay of eviction without requiring some payment. If payment was required then the money would have to be paid to the court, so the owner should contact the court to see if there is any money being held. The landlord would be entitled to that money immediately.

    The time for the stay varies but I have typically seen from 30 to 90 days.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Apr 23, 2013, 03:13 PM
    Quote Originally Posted by chefbri View Post
    Thanks!! My GF is fighting with her ex husband over this house. She knew nothing of a hearing , and her ex said nothing about one. Unless he is lying??
    OK, this was important info that should have been included in the original post.

    Who holds title to the home? Is it both your friend and her ex or what? Who signed the lease with these people? Why wasn't eviction started after then missed the first month? Who approved these people as tenants and was a background check done?

    As Lisa said, if a stay was issued, it would be noted with the court clerk. You said a lockout was scheduled? Was your friend aware of that? Was a sheriff hired to physically remove them?

    If a lockout was scheduled, then it sounds like the proper procedure was followed to get an eviction (though it should have been started much sooner). So we cannot tell you how to proceed until we know if they did get a stay and on what grounds and how long was it for. Then the eviction order was issued, was back rent awarded? Has an attempt been made to collect it?
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