Legal Question in Landlord & Tenant Law in California

I issued a 60 day notice to my tenant which is set to expire Nov 30th because she kepts screaming out of control at all hours of the day. I tried the 3 day notice twice but each time she just conformed so I had no choice. Last night the police came again and this time they did a 5150 and took her to the local hospital. If she is committed there is no way she can move her stuff out of the apartment even though she said she wasn't leaving. How do you evict someone in this situation?

Asked on 11/07/13, 9:33 am

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

You give the 60 day notice. When the notice expires, you file a complaint for unlawful detainer. If you win the unlawful detainer case, the court gives you a judgment for possession, which entitles you to have a writ of possession issued to the sheriff to have the tenant lawfully evicted.

I urge you to consult in person or on the phone with an attorney, and you may want to hire an attorney to handle the eviction for you.

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Answered on 11/07/13, 9:51 am

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