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mum of girls | I gave my tenant 60 days notice and she accepted but I think she will not move out on the date we agreed on? |
Is there something I can do on that day, e.g. take back the property, kick her out on the day we agreed that she would move out anyway. She is already owing me 1 months rent plus many months of late fees, and she does not respond to my messages that I leave for her. I have new tenants moving in, the day after!!!! Please help any info/guidelines would really be appreciated.
Additional Details
Is there something I can do legally in the state of CA on that day, e.g. take back the property, kick her and her stuff out on the day we agreed that she would move out anyway. She is already owing me 1 months rent plus many months of late fees, and she does not respond to my messages that I leave for her. I have new tenants moving in, the day after!!!! Please help any info/guidelines would really be appreciated. |
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dark eyes
 |
You can not evict a person without a court order. Unfortunately, if she doesn't move on her own, you're going to have to get a lawyer that and file a suit against her. Some people do this on their own, but it doesn't seem to me that it would be very wise for you to do it. The good thing is that you can tack on your court fees to any rents, late fees and damages once you get a judgment against her. |
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kemperk
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UNLESS you have a legal judgment against her, you cannot
move her out if she does not go voluntarily; sorry~
You must go to court, get a non payment judgment and if she
does not pay in 10-15 days [depending on your state] you go back to court for a NON detainer action. When you get that, you take it to
the sheriff who will physically remove her.
[and if she is not gone, you will have to pay to store her goods
for 30 days]
DO NOT illegally toss her out; use the court system or
she can counter sue you!
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goz1111
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It would seem you have yourself in a Pickle, What can you do if she does not move on the date? Filing in court is your only option. You can not lock her out, or force her out its called self-help eviction and is illegal
How to get her out? Bribe her, waive the late fees if she will leave on the day she promised, because if she does not leave and you have new tenant with a lease looking to move in on that day as well, it will not be a good day for you , since it could take a month to officially remove her from the unit
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onandonandonanon
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you can't do that! If she isn't out, you'll have to go to court and get her out, so you will NOT be able to move new renters in! You need to have an attorney on retainer and contact him to evict your tennants when they get one month behind so you won't have to wait, like you will have to do now! |
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katie x
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you could take legal action, if she really won't budge. But maybe you should just call her up and explain calmly that you have new tenants moving in, and if she isn't out by the time that they want to move, you'll take legal action. She might respond to that kind of message. |
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schwildcat1977
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First of all NEVER schedule someone to move in that quickly. I know you need the rent money but it leaves no leeway in case you have to evict which can take a month or more.
NO - there is NOTHING you can do that day. If she refuses to leave you have to file an eviction with the courts. It is illegal to just kick her out or change the locks without filing an eviction.
NOTE: You cannot file eviction before the day she is supposed to be out like another person said. Most court systems will refuse to take the paperwork if you try to file early. |
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The Wife
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Contact a lawyer and maybe begin legal eviction proceedings. |
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visvardis
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day of bring sheriffs they will forceably remove her |
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Catwoman
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I'd start filing eviction papers, but note on them the agreed-upon eviction date, so that you're keeping your end of the bargain but you'll make sure that she has to keep hers. |
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Nickaree
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Probably not a good idea to say your new tenants can move in on the day after. When are you going to clean? Yuck. Check with the police dept. about seeing if someone can do anything or go over there with you. |
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