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Old 11-02-2007, 08:42 PM
 
3 posts, read 18,207 times
Reputation: 15

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hi guys, i hope i can get some legal advice or at least some advice.

I have a two tenants living in my property. One of the tenants has not paid his rent for the last three months ( this is the one that sign the lease) and the other one has been paying his half ( this one is not in the lease at all).

My question is this, his lease ended this month. He has been giving notices to leave the premises (the tenant that signed the contract but has not paid) but he refuses to leave.

the tenant that has been paying wants to stay in the property and start a new lease, my question is this, can i change the locks of the house since his contract has ended? what can i do to kick the guy that refuses to pay out of the house? please help i am going crazy with this.
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Old 11-02-2007, 09:33 PM
 
Location: Palmer
2,519 posts, read 6,586,751 times
Reputation: 1391
I think you need to get an attorney to help you evict the tenant. Generally we don't fool around with this kind of thing, We just hire and attorney and get it done right.

You may need a judge to give you a writ of assistance to get the tenant out. That's why you need an attorney to make sure the I's are dotted and Ts crossed.
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Old 11-02-2007, 09:36 PM
 
Location: Orlando FL
1,065 posts, read 3,976,188 times
Reputation: 426
NO you cannot just change the locks!!!!!! I beleive you must go through the eviction process even if the lease is no longer in effect. Get yourself an attorney ASAP to make sure you do everything right the first time, or this could drag on for a very long time.

you can check out Landlords & Property Management - Resource Center (http://www.nolo.com/resource.cfm/catID/5944A0DA-71B3-49EA-BF5D300558FB66A9/213/178/ - broken link)

*Disclaimer, laws pertaining to tenant/landlord law are different in every state and locale, I am not an attorney and my statements should not be relied upon as such.
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Old 11-02-2007, 09:42 PM
 
Location: Long Beach, CA
2,071 posts, read 11,679,549 times
Reputation: 1800
Change the locks and you'll find yourself in a lawsuit.
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Old 11-02-2007, 11:28 PM
 
1,174 posts, read 6,714,683 times
Reputation: 1098
You might also find youself in a criminal court if you just change the locks. Some states have misdemeanor statutes covering that issue. Your state might be different on the criminal issue, but don't do it anyway. Get yourself an attorney.
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Old 11-02-2007, 11:53 PM
 
Location: Malibu, CA
35 posts, read 279,704 times
Reputation: 28
My sister recently evicted a squatter in one of her rental properties without using an attorney. She filed eviction papers herself with the local court. She'd been reluctant to do it because she'd never been down that route before and thought it would be difficult and expensive. Instead she was pleasantly surprised at how easy it was to do the paperwork, how cheap, and how quickly the court responded. She was granted eviction rights within a week and was able to legally change the locks on the house and confiscate the furniture and personal effects that the squatter left inside the house. The moral of the story is: don't be discouraged if you can't afford a lawyer; you can do this yourself!

Good luck and I hope your eviction experience goes as well for you as it did for my sister (FL).
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Old 11-03-2007, 05:55 AM
 
5,046 posts, read 5,214,161 times
Reputation: 3117
One does not need a lawyer to evict a tenant. We did it ourselves. The court system was so helpful ; they cannot give advice, but they can help making sure the forms are filled in correctly.

Our tenant left 5 weeks after getting served with the court papers. She left it a mess, but thats a different story.

good luck ; been there, done it.
d
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Old 11-03-2007, 06:22 AM
 
Location: Wouldn't you like to know?
9,116 posts, read 16,879,027 times
Reputation: 3721
This is a perfect example of what potentially you'd be dealing with if you make the choice to rent your house.


Its not all peaches and cream....
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Old 11-03-2007, 06:32 AM
 
Location: North Texas
382 posts, read 917,848 times
Reputation: 262
Evict, evict, evict. Don't waste anymore time on the thieves.
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Old 11-03-2007, 10:37 AM
 
Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
6,958 posts, read 21,273,594 times
Reputation: 6444
California law is pretty straight forward on evictions making it easy enough for landlords to do their own paperwork.

Unless you really know your states regulations for evictions, you should ask an attorney what the process is (perhaps you can DIY). either way, you need to seek counsel other than in this forum.
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