Until then they are legal residents and you need to leave them alone. This is legally their home, paid for or not. There is no possible way to evict them without the order. You have to prove your side in court first, then they are removed. CA allows them 5 days after the court date. Expect them to be there until early Oct.
Update: They are threatening us now! Saying things like "we will make sure you don't get this job" (my fiance is switching jobs right now and our tenants know where he is trying to get a new position at). Can someone advice us - is there any way we can evict them right now? Or Saturday? They are openly saying that they have no intent to pay their bills for previous month nor rent for this month! And they still continue using gas, electricity, internet, water etc so we have another bunch of unpaid bills coming up next month! I can't believe we are so unprotected by law! They are just lodgers, right? What can we do about them not paying in time?..
Go talk to the PD or SD to ask them how they can enforce eviction. They will probably tell you what they need to do so. Then work backwards. You will probably need court order to evict. First step, send tenants an eviction notice. Try LegalZoom. Good info on this site. http://www.wehelpyoulegal.com/2013/10/ev...
3 day notice to pay or quit does not require a subsequent 30 day notice. Your next step [on Monday] is to file an "unlawful detainer" and have them served by someone 18 or older not a party to the suit [you can be present to help identify etc.] The server must sign a declaration of service and you must return it to the court. In CA an unlawful detainer is expedited so your case will be calendared quickly. Then they can appeal, if they don't but they don't leave you go to the marshall who comes and moves them out physically. You should change locks and you must inventory their belongings if they leave them. You may wish to employ the services of paralegal services who advertise and who prepare the paperwork as you must dot i's and cross t;s or the case will be thrown out. Also go to the library and get the Nolo Press book on evictions in CA. The other thing to do is figure your costs and aggravation and talk to them offering to help them move, get boxes and give them their deposit back or offer $$$ incentive if they leave by XXX date and write it up and sign it. This does not prevent you from proceeding w/court action as insurance, just tell them you will drop it if they leave as agreed and you will pay them to do so. You do this so you don't loose time if they backtrack on their promise as you will need to reissue the 3 day notice etc.
If they do not pay by the 3rd day, you go to the court and file an unlawful detainer on day 4. You do NOT have to give them and additional 30 day notice. Go to the court and the clerk will explain.
At the end of the third day, take their bedroom door out in the front yard and set it on fire. Then short out the wall sockets in their room. Then tell them you will help them move and will even pay for a pickup truck to move their stuff.
follow the eviction process in your Lease agreement with the tenants; if there is no Lease and they are threatening you then call the police, change the locks on the house, file restraining orders against them both.
30 day notice
You have to follow the law or they will sue you for damages.
My question involves an eviction in the state of: california.
Me and my fiancé have two tenants (they are dating if that matters) renting out a room in our home where we reside as well.
They refused to pay rent this month, so we gave them 3 day notice "to pay or to quit", which expires on Friday, September 5th, 2014.
My question is: do we still need to go to court on September 5th to file a 30 day notice in order to evict them? Or can we just give them a note that they are no longer welcome at our property and remove them as trespassers on the same day of September 5th?
I did research online and found out that landlord has to give 30 day notice if he wants tenant to move out if tenant is paying rent on time. But Im not sure if I have to give a 30 day notice if our tenants refuse to pay rent for these 30 days!
Rent is 800$ for September (they haven't paid us and refuse to pay) plus they owe us 170$ as their share of bills for August (it is September 2nd today). Their deposit is 400$.
Please point me in the right direction! What should I do?..
Whoever will be kind enough to give us advice - I appreciate your time and your help!!
