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I have served my tenant with a 72 hour eviction notice, what's next?
I am renting a house in California. I have served my tenants with a 72 hour eviction notice for non payment and I was curious what the process was as to getting them out of the house. They are behind on rent, so I don't want to compromise the remaining balance by kicking them out illegally. Any help would be greatly appreciated.
Thanks for the help so far. I was curious what the exact forms were that I needed to fill out at the courthouse. I've already given them the 72 hour pay or quit notice, so what would be the next steps? Thank you again.
8 Answers
- LandlordLv 71 decade agoFavorite Answer
Now you file your complaint and summons and serve him those. if all goes well you have only 3 more weeks.
Here is a link to the forms you will be needing. Email me if you need specific instructions. However, I am not an attorney, I have just been down the eviction road too many times.
- Anonymous5 years ago
Theres more going on then you know of, but this is the straw that broke the camels back. There is indeed a legal way to evict, and there are rules broken, and yes a landlord can use the silliest rule to evict a tennat. It has to be done legally, there is no 8 hour eviction, that wont happen, but this family will have an eviction on thier credit and that is really super bad to have, super bad, when trying to rerent. If they try to move out now, in the next 30 days, it wont be on thier credit yet and will not hurt them, after a few monts, or the next time they move it will be on their credit. Kids wonder why they should listen to their parents, well this is one of the big reasons, kids dont know everything yet as they think they do! Im guessing, that maybe the landlord would not start paperwork in an eviction if they packed, cleaned and moved with that notice, which was silly of her to post but she will do a real eviction, and if the court awards it, which they definatly will, the 3 day notice or whatever the state allows if they are not gone, the sheriffs will lock them out, and they will lose everything if they then dont pay whatever the terms of the settlement is. Former evictoion office employee. Dif states dif laws.
- Genuine GuidanceLv 71 decade ago
First off, is this 72 hour notice a Pay or Quit notice? If so, you still have quite a few steps before they would be gone. If they do not pay in 3 days, then you have to go to the courthouse and file eviction papers on them and get a court date. That may be a week or more away..then the judge will rule in your favor and give you the date they have to be out by, and you have to serve them with that. You cannot just change locks or expect them to be gone until they get a hearing and the judge gives you the order.
- goz1111Lv 71 decade ago
You may want to consult a lawyer in CA familiar with landlord tenant law
1. By filling a 3 day pay or quit notice you have allowed the tenant to move in three days and be free of all future rent obligations
2. If you move forward with the eviction process you will not be able to collect the entire rent under the lease
3. If you want to collect rent and keep the tenants liable for future rent then you will have to file in small claims court for the rent this is a very different cause of action then an eviction
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- frak1a12345Lv 61 decade ago
There is no such animal as a "72 hour eviction notice" in California. I suggest that you either learn the laws of the state of California or hire a lawyer to pursue the case in court. In either event your ignorance is going to cost you a lot of money so educate yourself.
Source(s): 14 years of California landlording - Sharon TLv 71 decade ago
You have an expensive process ahead of you. Even though it may make your blood boil, it might be in your best interests to offer them a couple of hundred dollars if they will be out by *** and leave the unit in good condition.
- NYgirlLv 61 decade ago
Check your laws with a Lawyer. In New york you have to file in court and only the sheriff can legally remove them. good luck
- Anonymous1 decade ago
Have you filed everything through the courts, if not you should get that done immediately at least that's the way it works in VA