April 22, 2009 judge issued against my tenant an immediate move out order and 3 year restraining order based on elder abuse. I am in Monrovia Ca

UPDATED: May 26, 2009

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April 22, 2009 judge issued against my tenant an immediate move out order and 3 year restraining order based on elder abuse. I am in Monrovia Ca

tenant left residence April 5, 2009 and as not been seen since. What legal steps do I take to take back possession on my rental? He has left all his belongings in it. Paralegal had me file a writ of possession/execution but court said that is wrong (only applies in eviction process). Nobody seems to be able to tell me what I need to do so I can clean this place up and get everything out. I believe he has abandoned the property.

Asked on May 26, 2009 under Real Estate Law, California


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I'm not a California lawyer.  My research suggests that your state has some fairly complicated rules for property left behind by tenants, in general, and this situation, from the sound of it, is fairly unusual;  from what you've told me, I'm not even sure whether or not you need to do a complete, formal eviction case, because I haven't seen the elder abuse order from April 22.

There are almost certainly some other facts, that you haven't mentioned, that are important here as well.  You must talk to an attorney in your area, have all of the facts reviewed (including that court order, and the written lease if there was one), to get reliable advice on what to do next.  One place you can find a qualified lawyer is our website, http://attorneypages.com

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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