What are the steps required to evict a tenant?

I own a duplex in Los Angeles. I live in one of the units. I want the tenant in to the other unit to vacate in order for my son and his family to move into the unit. I have tried to come to an agreement with the tenant but she refuses to work with my. I understand that in order to evict her I must file certain documents with housing department and pay her relocation fees. Is it possible that she can still refuse to leave even though I going through the proper channels?

Asked on September 1, 2011 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you want to evict your tenant, you need to carefully read your written lease with him or her in that it controls your obligations owed to your tenant by you and vice versa in the absence of conflicting state law. Read the terms (assuming you have a written lease) about evictions and the length of the lease as a start.

If your tenant is on some subsized housing program with your rental (section 8), you need to contact the entity that you also have an agreement with regarding the rental of your unit as to what protocol needs to go through for evicting the tenant that you have and follow the protocol.

Potentially the tenant you want out may refuse to leave the rental even though you are complying with the correct way to evict him or her. One reason why you might not be able to get the tenant to leave your rental is that the tenant is current with rental payments and there is still a balance of time remaining on the lease for occupancy.

Good luck.


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