What are the steps required to evict a tenant?

UPDATED: Sep 1, 2011

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What are the steps required to evict a tenant?

I own a duplex in Los Angeles. I live in one of the units. I want the tenant in to the other unit to vacate in order for my son and his family to move into the unit. I have tried to come to an agreement with the tenant but she refuses to work with my. I understand that in order to evict her I must file certain documents with housing department and pay her relocation fees. Is it possible that she can still refuse to leave even though I going through the proper channels?

Asked on September 1, 2011 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you want to evict your tenant, you need to carefully read your written lease with him or her in that it controls your obligations owed to your tenant by you and vice versa in the absence of conflicting state law. Read the terms (assuming you have a written lease) about evictions and the length of the lease as a start.

If your tenant is on some subsized housing program with your rental (section 8), you need to contact the entity that you also have an agreement with regarding the rental of your unit as to what protocol needs to go through for evicting the tenant that you have and follow the protocol.

Potentially the tenant you want out may refuse to leave the rental even though you are complying with the correct way to evict him or her. One reason why you might not be able to get the tenant to leave your rental is that the tenant is current with rental payments and there is still a balance of time remaining on the lease for occupancy.

Good luck.

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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