Legal Question in Landlord & Tenant Law in California

I give 60 day notice to move out. I don't want this tenant any more. Should I call sheriff to evict him.

Asked on 9/16/10, 9:15 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

You're jumping the gun a bit. Once the sixty days have expired, (assuming your notice complied fully with the requirements of California law for such notices, and was properly served), if the tenant has not moved you must file an unlawful detainer lawsuit. Only after you have won that lawsuit, and have a Writ of Possession issued by the Court can the Sheriff evict your tenant. Consult with an attorney - it is somewhat clear that you are not familiar enough with the process to file and prosecute this suit without assistance. Good luck.

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Answered on 9/21/10, 12:15 pm

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