I own a 4-plex in which one of the tenants is not paying the rent. I have already given her the 3-day notice, but she does not want to leave!!! What do I do now? I know I cannot change the locks or cut off the utilities? I really do not want to pay a lawyer...is that my only choice?
2007-03-19 12:05:57 · 7 answers · asked by Me 2 in Business & Finance ➔ Renting & Real Estate
I need a spanish speaking lawyer in Ventura County. Anyone know of any? Thanks!
2007-03-19 12:13:24 · update #1
You have to file a lawsuit. Technically, you don't need an attorney to do that...but is HIGHLY suggest...unless you know the law really well!
http://www.ehow.com/how_6559_evict-tenant.html
2007-03-19 12:10:33 · answer #1 · answered by soccersyc 2 · 0⤊ 0⤋
Just go down to your local courthouse & go to the CLERK WINDOW/COUNTER & ask for the forms to start the eviction process on a tenant. It should not cost more than $1 per page & your filing fee to go to court should be somewhere in the neighborhood of $25-$175, depending on your income level & the amount of work that will be needed to remove this tenant. Bring ALL info that you have on file regarding the tenant. The more you know about them, the easier it is to evict. Ask the Police to run a check on them. If they have outstanding warrants, somethimes this can work in your favor, because the tenant will move, rather than face being arrested! Unfortunately, your tenant does not have to leave until the Marshall or Sheriff has the court order in their possession & the owner (you), then goes to the property & the tenant is physically removed from the premises & the locks are changed. This is a called a "lock-out". Any belongs that are left behind must be stored for 30 days & an itemized list is mailed or given to the tenant & to the court. If the items on the list are not claimed within the allotted time period (could be 60 days in Ventura, ask at the courthouse window), they then become the property of the landlord/owner & the tenant no longer has a claim on those items. If the tenant refuses to leave at the time of the lock-out, then they will be arrested by the authorities. I suggest that you NOT do a lock-out without the presence of law enforcement because you need reliable witnesses in case the tenant goes ballistic on you! Good luck!
2007-03-19 20:22:42 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I have never heard of a 3 day notice. From that alone I would say that a lawyer is well advised. Also even if you meant 30 day notice the tenants are not paying attention to you. You need to raise the price of poker. Get a lawyer before you screw up and the tenants own all 4 units.
2007-03-19 20:23:51 · answer #3 · answered by ttpawpaw 7 · 0⤊ 0⤋
Whoa, 3 days? Unfortunately, according to the law, a 5 day notice is for nonpayment of rent only. 3 days is illegal. You must give her the 5 day notice in person, then go to court to get a 30 day eviction notice AFTER the tenant does not pay rent on the fifth day. Nope, you really don't need a lawyer to represent you in this. The lawyer you have is actually your lease. Go to www.rentlaw.com. They have landlord/tenant laws for every state. Careful there, you don't want to lose this case in court if the tenant requests a hearing!
2007-03-20 21:37:51 · answer #4 · answered by caramelswoman 2 · 0⤊ 0⤋
No you don't need a lawyer in magistrate court if you know what you are doing however if you like bath water and you enjoy getting in it at the end of the day that is not the same as jumping into the ocean during a cruise if you don't know how to swim.
If you do not know how the law works in your favor the expense will be worthwhile with an attorney.
Buena Suerte
2007-03-19 19:11:20 · answer #5 · answered by newmexicorealestateforms 6 · 0⤊ 0⤋
I afraid so . or what i did one time i told tenant i would give him
$500.oo if he would leave in 7 days it worked saved money on
lawyer had my rental back and re rented. i made him sign paper that he wold take money and leave might work if not
better get lawyer good luck.
2007-03-19 19:25:14 · answer #6 · answered by rvblatz 4 · 1⤊ 0⤋
Consult a real estate attorney. Did you offer the tenant money to leave? Maybe they don't have the money to move out of your place.
2007-03-19 19:22:20 · answer #7 · answered by communityinflorida 3 · 0⤊ 0⤋