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In order for a Landlord to begin the eviction process, California law requires all persons residing in the property be served with a notice. If the tenant doesn't voluntarily move out after the landlord has properly given the required notice to the tenant, the landlord can evict the tenant. In order to evict the tenant, the landlord must file an unlawful detainer lawsuit in superior court.
Do not every use unlawful methods to vacate the rental premises. If the landlord uses unlawful methods to evict a tenant, the landlord may be subject to liability for the tenant's damages, as well as penalties of up to $100 per day for the time that the landlord used the unlawful methods.
If the court decides in favor of the landlord, the court will issue a writ of possession. The writ of possession orders the sheriff to remove the tenant from the rental unit, but gives the tenant five days from the date that the writ is served to leave voluntarily. If the tenant does not leave by the end of the fifth day, the writ of possession authorizes the sheriff to physically remove and lock the tenant out, and seize (take) the tenant's belongings that have been left in the rental unit. The landlord is not entitled to possession of the rental unit until after the sheriff has removed the tenant.
What else can I help you with?
Can a landlord evict someone living on their property when they haven't signed a lease?
I am presuming we have three components here: a landlord, a tenant, and a subtenant. The landlord in this case is presumably renting to a tenant, while the tenant is presumably renting to a subtenant. I presume that tenant has a lease while the subtenant doesn't. The tenant becomes the landlord for the subtenant. Since there is no lease (in most states subletting does not involve a lease) in this case, the tenant who is the subtenant landlord can evict the subtenant. While the main landlord can evict the tenant -which automatically evicts the subtenant -only the tenant can evict the subtenant. But the main landlord can evict all by evicting the tenant.
How does a landlord evict a tenant after being arrested in Alameda County California?
Follow the eviction procedures in your state
Can a landlord evict tenant for lying on lease?
Yes.
Can a tenant sue a sub tenant?
Yes. The tenant should be considered the landlord of the sub-tenant. Therefore, he can evict, just like any landlord.
Can a guarantor legally evict a tenant?
No, a guarantor cannot legally evict a tenant. Only the landlord or property owner has the legal authority to evict a tenant through the proper legal channels.
Can a landlord in Ohio evict a commercial tenant by changing the locks?
In most states this is prohibited in a residential landlord/tenant rule.
Can a lordlord evict a tenant without taking them to court?
A landlord must file an eviction through the Civil Court in order to evict a tenant.
Can a landlord evict a guest for a noise complaint if the tenant was causing the noise?
Yes. If a tenant is not in the habit of making a lot of noise then the landlord would not have much grounds to evict them. However, if a tenant is a problem for other renters, how a landlord evicts someone depends on the state in which he lives. Usually, a landlord could evict a person even if they have a lease for violating city codes for noise. A landlord would be wise to put such stipulations in their leases. This is based on the number of complaints the police receive concerning the noise or the number of complaints a landlord receives. In some states, all a landlord has to do is send a registered letter to the tenant notifying them of the complaint and that they are on notice to cease and desist or face eviction. If the tenant continues to bother others with their noise, then the landlord can notify the Sheriff's Department to evict the tenant. Of course this will not prevent the tenant from taking the landlord to court. This is why the landlord needs to keep good records and copies of police reports concerning the tenant to use in court.
Can a landlord evict a non tenant from rental property after a year of living at the property?
Yes, the landlord can evict a non-tenant from the property just as they could the tenant. You must follow the same eviction procedures as you would with a tenant.On a side note, a court may agree that the non-tenant was in fact a tenant-after the fact because of the duration in which they lived on the property. Such situations are similar to families with children. You have the adults on the lease, but the children are residing there without being on the lease.
What does a landlord do when threatened to have a house condemned?
The landlord can correct the problems for which the house can be potentially condemned. But the landlord cannot evict the tenant just for saying that.
Is it legal to evict someone for mental reasons?
Does the landlord have mental reasons or does the tenant? It's against the law for a landlord to discriminate on the basis of disability, inter alia. So a landlord can't evict someone just because he has a mental illness or disability. However if the tenant damages any property, whether it is for reasons related to the illess, he can evict.
How can you ask non tenant to move out?
If the person has the legal right to live there on a month-to-month basis, he is a tenant. But we are presuming that you, the landlord, didn't rent the unit out to this person: perhaps your tenant did, known as subleasing. If you, the landlord, allowed this, then you have to have your tenant evict the sub-tenant. If you didn't allow this, then you have to enforce the terms of the lease, and make your tenant correct this problem immediately or you can evict him, which automatically forces the sub-tenant out.
