Sort of OT: How do I evict a tenant?

[PCinSD]

I’ll echo what many posters have suggested. If the check clears, wait and see what happens in August. If you’ve got a problem getting paid in August, now you know that this will be an ongoing problem. Some landlords have no choice but to accept crummy tenants that are late on rent but eventually pay. Others don’t. Not sure which one you are.

In my opinion, when a tenant pays rent only with money orders or cashiers checks that raises a red flag. That may suggest they don’t have a good credit history and/or are keeping their funds out of bank accounts and out of the reach of creditors. Go to the san diego county recorders website and look at the grantor/grantee index. Type in their name and see if they have judgments recorded against them. It takes less than 5 minutes.

Coincidentally, I am trying an unlawful detainer case tomorrow morning on behalf of a landlord. I’ve never done one before, so I went to the law library and checked out a book that was written for landlords. It is a comprehensive guide showing landlords how to evict a tenant. Complete with forms, motions, etc. If you want, I can get the name of the book and post it on here tomorrow.

Over the past month or two I’ve learned how complicated the process can be. The fact patterns and the corresponding law applied to those facts are confusing and somewhat vague at times. Best of luck whatever you decide.

This is not a solicitation for a client and is not intended to be relied on as legal advice.

[EconProf]

So let’s see. You’ve got brand new tenants (so no record of regular payments yet), they should have paid this month’s rent over 3 weeks ago, and you are new to the landlording game.
You are sooo underwater. You have already taught this lying tenant you are a pushover. They have now even less incentive to perform than they did on July 5, when you should have served a 3-day notice to pay or quit.
PatientlyWaiting has given you some good points and pitfalls above. Basically, I would go straight to an eviction attorney who does nothing else–they are cheapest and fastest.
I’ve had hundreds of tenants, evicted dozens–some by myself and some with an attorney. You cannot imagine the mines you can step on, especially with professional tenants, which your description tells me you have now.
Also, don’t take any advice from people not experienced in this field. Some posters here think they have to throw out lengthy opinions on every issue.
If you are going to stay a landlord–and maybe its not for you–get some of the many books on the subject and read them thoroughly.

[EconProf]

So let’s see. You’ve got brand new tenants (so no record of regular payments yet), they should have paid this month’s rent over 3 weeks ago, and you are new to the landlording game.
You are sooo underwater. You have already taught this lying tenant you are a pushover. They have now even less incentive to perform than they did on July 5, when you should have served a 3-day notice to pay or quit.
PatientlyWaiting has given you some good points and pitfalls above. Basically, I would go straight to an eviction attorney who does nothing else–they are cheapest and fastest.
I’ve had hundreds of tenants, evicted dozens–some by myself and some with an attorney. You cannot imagine the mines you can step on, especially with professional tenants, which your description tells me you have now.
Also, don’t take any advice from people not experienced in this field. Some posters here think they have to throw out lengthy opinions on every issue.
If you are going to stay a landlord–and maybe its not for you–get some of the many books on the subject and read them thoroughly.

[EconProf]

So let’s see. You’ve got brand new tenants (so no record of regular payments yet), they should have paid this month’s rent over 3 weeks ago, and you are new to the landlording game.
You are sooo underwater. You have already taught this lying tenant you are a pushover. They have now even less incentive to perform than they did on July 5, when you should have served a 3-day notice to pay or quit.
PatientlyWaiting has given you some good points and pitfalls above. Basically, I would go straight to an eviction attorney who does nothing else–they are cheapest and fastest.
I’ve had hundreds of tenants, evicted dozens–some by myself and some with an attorney. You cannot imagine the mines you can step on, especially with professional tenants, which your description tells me you have now.
Also, don’t take any advice from people not experienced in this field. Some posters here think they have to throw out lengthy opinions on every issue.
If you are going to stay a landlord–and maybe its not for you–get some of the many books on the subject and read them thoroughly.

[EconProf]

So let’s see. You’ve got brand new tenants (so no record of regular payments yet), they should have paid this month’s rent over 3 weeks ago, and you are new to the landlording game.
You are sooo underwater. You have already taught this lying tenant you are a pushover. They have now even less incentive to perform than they did on July 5, when you should have served a 3-day notice to pay or quit.
PatientlyWaiting has given you some good points and pitfalls above. Basically, I would go straight to an eviction attorney who does nothing else–they are cheapest and fastest.
I’ve had hundreds of tenants, evicted dozens–some by myself and some with an attorney. You cannot imagine the mines you can step on, especially with professional tenants, which your description tells me you have now.
Also, don’t take any advice from people not experienced in this field. Some posters here think they have to throw out lengthy opinions on every issue.
If you are going to stay a landlord–and maybe its not for you–get some of the many books on the subject and read them thoroughly.

[EconProf]

So let’s see. You’ve got brand new tenants (so no record of regular payments yet), they should have paid this month’s rent over 3 weeks ago, and you are new to the landlording game.
You are sooo underwater. You have already taught this lying tenant you are a pushover. They have now even less incentive to perform than they did on July 5, when you should have served a 3-day notice to pay or quit.
PatientlyWaiting has given you some good points and pitfalls above. Basically, I would go straight to an eviction attorney who does nothing else–they are cheapest and fastest.
I’ve had hundreds of tenants, evicted dozens–some by myself and some with an attorney. You cannot imagine the mines you can step on, especially with professional tenants, which your description tells me you have now.
Also, don’t take any advice from people not experienced in this field. Some posters here think they have to throw out lengthy opinions on every issue.
If you are going to stay a landlord–and maybe its not for you–get some of the many books on the subject and read them thoroughly.

[citydweller]

I completely agree with EconProf, you should immediately contact a law firm that specializes in evictions (are we allowed to give recommendations here?) They may charge a few hundred dollars, on top the court fees but that is nothing compared to what it will cost you to have non-paying tenants in your unit. The sooner you get them out the sooner you can get someone in there who will pay the rent.

[citydweller]

I completely agree with EconProf, you should immediately contact a law firm that specializes in evictions (are we allowed to give recommendations here?) They may charge a few hundred dollars, on top the court fees but that is nothing compared to what it will cost you to have non-paying tenants in your unit. The sooner you get them out the sooner you can get someone in there who will pay the rent.

[citydweller]

I completely agree with EconProf, you should immediately contact a law firm that specializes in evictions (are we allowed to give recommendations here?) They may charge a few hundred dollars, on top the court fees but that is nothing compared to what it will cost you to have non-paying tenants in your unit. The sooner you get them out the sooner you can get someone in there who will pay the rent.

[citydweller]

I completely agree with EconProf, you should immediately contact a law firm that specializes in evictions (are we allowed to give recommendations here?) They may charge a few hundred dollars, on top the court fees but that is nothing compared to what it will cost you to have non-paying tenants in your unit. The sooner you get them out the sooner you can get someone in there who will pay the rent.

[citydweller]

I completely agree with EconProf, you should immediately contact a law firm that specializes in evictions (are we allowed to give recommendations here?) They may charge a few hundred dollars, on top the court fees but that is nothing compared to what it will cost you to have non-paying tenants in your unit. The sooner you get them out the sooner you can get someone in there who will pay the rent.

[Wickedheart]

[quote=EconProf]So let’s see. You’ve got brand new tenants (so no record of regular payments yet), they should have paid this month’s rent over 3 weeks ago, and you are new to the landlording game.
You are sooo underwater. You have already taught this lying tenant you are a pushover. They have now even less incentive to perform than they did on July 5, when you should have served a 3-day notice to pay or quit.
PatientlyWaiting has given you some good points and pitfalls above. Basically, I would go straight to an eviction attorney who does nothing else–they are cheapest and fastest.
I’ve had hundreds of tenants, evicted dozens–some by myself and some with an attorney. You cannot imagine the mines you can step on, especially with professional tenants, which your description tells me you have now.
Also, don’t take any advice from people not experienced in this field. Some posters here think they have to throw out lengthy opinions on every issue.
If you are going to stay a landlord–and maybe its not for you–get some of the many books on the subject and read them thoroughly. [/quote]

This is by far the best advice here. My parents had a rental property for over 30 years. My parents had some “professional tenants” once. These people knew how to game the system. It took 8 months and an attorney to be rid of them. And it wasn’t pretty after they left.

[Wickedheart]

[quote=EconProf]So let’s see. You’ve got brand new tenants (so no record of regular payments yet), they should have paid this month’s rent over 3 weeks ago, and you are new to the landlording game.
You are sooo underwater. You have already taught this lying tenant you are a pushover. They have now even less incentive to perform than they did on July 5, when you should have served a 3-day notice to pay or quit.
PatientlyWaiting has given you some good points and pitfalls above. Basically, I would go straight to an eviction attorney who does nothing else–they are cheapest and fastest.
I’ve had hundreds of tenants, evicted dozens–some by myself and some with an attorney. You cannot imagine the mines you can step on, especially with professional tenants, which your description tells me you have now.
Also, don’t take any advice from people not experienced in this field. Some posters here think they have to throw out lengthy opinions on every issue.
If you are going to stay a landlord–and maybe its not for you–get some of the many books on the subject and read them thoroughly. [/quote]

This is by far the best advice here. My parents had a rental property for over 30 years. My parents had some “professional tenants” once. These people knew how to game the system. It took 8 months and an attorney to be rid of them. And it wasn’t pretty after they left.

[Wickedheart]

[quote=EconProf]So let’s see. You’ve got brand new tenants (so no record of regular payments yet), they should have paid this month’s rent over 3 weeks ago, and you are new to the landlording game.
You are sooo underwater. You have already taught this lying tenant you are a pushover. They have now even less incentive to perform than they did on July 5, when you should have served a 3-day notice to pay or quit.
PatientlyWaiting has given you some good points and pitfalls above. Basically, I would go straight to an eviction attorney who does nothing else–they are cheapest and fastest.
I’ve had hundreds of tenants, evicted dozens–some by myself and some with an attorney. You cannot imagine the mines you can step on, especially with professional tenants, which your description tells me you have now.
Also, don’t take any advice from people not experienced in this field. Some posters here think they have to throw out lengthy opinions on every issue.
If you are going to stay a landlord–and maybe its not for you–get some of the many books on the subject and read them thoroughly. [/quote]

This is by far the best advice here. My parents had a rental property for over 30 years. My parents had some “professional tenants” once. These people knew how to game the system. It took 8 months and an attorney to be rid of them. And it wasn’t pretty after they left.

[Wickedheart]

[quote=EconProf]So let’s see. You’ve got brand new tenants (so no record of regular payments yet), they should have paid this month’s rent over 3 weeks ago, and you are new to the landlording game.
You are sooo underwater. You have already taught this lying tenant you are a pushover. They have now even less incentive to perform than they did on July 5, when you should have served a 3-day notice to pay or quit.
PatientlyWaiting has given you some good points and pitfalls above. Basically, I would go straight to an eviction attorney who does nothing else–they are cheapest and fastest.
I’ve had hundreds of tenants, evicted dozens–some by myself and some with an attorney. You cannot imagine the mines you can step on, especially with professional tenants, which your description tells me you have now.
Also, don’t take any advice from people not experienced in this field. Some posters here think they have to throw out lengthy opinions on every issue.
If you are going to stay a landlord–and maybe its not for you–get some of the many books on the subject and read them thoroughly. [/quote]

This is by far the best advice here. My parents had a rental property for over 30 years. My parents had some “professional tenants” once. These people knew how to game the system. It took 8 months and an attorney to be rid of them. And it wasn’t pretty after they left.

[Author]

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