Expert: kkemper - 5/10/2004

Question
-------------------------
Followup To
Question -
i have a tenant that wont pay rent can i regulate the water pressure so theyll leave.
Answer -
VERY good question.  NO.

I did that illegally 20 yrs ago when I did not know.

you must:

place on their door; 3 days pay or evacuate the premises.

if no pay,

go to court and get a judgment against a no pay tenant.

take that to the sheriff and in 72 hours, you will have
the tenant gone.

DO it the legal way.

how long does it take to evict a tenant?


Answer
clarification for you;

a; time to put notice on the door; as fast as you can do so.
b; 72 hours must be "lost"
c; AFTER the 72 hours have gone by and not before, the
landlord or his manager can seek court time; and a day in court can take one day to one month.  UNLAWFUL DETAINER IS
what you seek.

d; after WINNING one, you go to the sheriff;

e; walking up to the sheriff's window, wherever that office may be, you ask for service of unlawful detainer and eviction.

DEPENDING ON the sheriff's policies, they might charge
$50.00 and within 30 days [often, in 72 hours] the sheriff
will go to the place of tenancy and knock.  If no answer,
the sheriff will ask the landlord [who should be there]
to unlock the door.

If the premises is empty, the problem is solved.

if the tenant is still recalcitrant and will not move, the
sheriff will arrest them for vagrancy [or other offense]
and remove the tenant physically.

at that time, you the landlord will negotiate with the sheriff on how to get the tenant's personal possessions out of the unit.

[usually requiring storage]

then, a smart landlord will call for the key man and
have a new key made with a new lock, etc.

all those costs are the responsibility of the tenant and
the landlord can file those with the county as well as the
judgment.

DOES that help?

the time draggers are;
3 days to wait for paying or exiting
getting a court date
getting the sheriff to visit the premises.

thanks for asking