Legal Question in Landlord & Tenant Law in California

after a 3 day notice is ignored by our tenants can we legally take possession of the rental we own without any other forms being served?


Asked on 2/24/14, 5:16 pm

2 Answers from Attorneys

Absolutely not. All ignoring the three-day notice gives you the right to do is to file an unlawful detainer proceeding against them. It's absolutely against the law to take possession of a residential unit without a court order and judgment of unlawful detainer and the assistance of the sheriffs department.

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Answered on 2/24/14, 5:19 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. McCormick. The landlord is forbidden by law from taking possession of the unit unless the tenant either voluntarily surrenders it, it is abandoned, or the court has issued a writ of possession and the time has expired.

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Answered on 2/24/14, 7:19 pm


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