What to do if I have a tenant whom I gave a 3 day notice to but he has ignored it?

He is a barber who is on a weekly rental. He has not left and I had the lock changed but he broke in and still cut hair like nothing happened. I called the police but they did nothing; they told me that I have to have the sheriff come out and serve him an eviction notice. He told them that he didn’t get a notice. I showed them and they said that if it is not a court order they can’t do anything. Will I be in the wrong if I turn the power off to the building?

Asked on August 28, 2014 under Real Estate Law, California

Answers:

Anne Brady / Law Office of Anne Brady

Answered 6 years ago | Contributor

Give the tenant a Notice of Unlawful Detainer.  Wait another five days.  If he still has not left, file an Unlawful Detainer lawsuit in the correct county court.  If you do not know how to do this, you may need to retain an attorney or a legal document preparer to help you.  You will get a court date for a hearing, and if you prevail, you will have your court order.


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