How do I get my tenant out after I have given him a 30 day notice and he still won’t leave?

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How do I get my tenant out after I have given him a 30 day notice and he still won’t leave?

My tenant has not paid for over a month, going on 2 months now. I gave him a 30 day notice, 37 days ago and his stuff is still there. I have not spoken to him for 3 weeks nowand he comes back just to get clothes while I am at work. I am going to file an unlawful detainer but I wont be able to serve him because he is avoiding me. Is there anything I can do about abandonment or something?

Asked on December 6, 2011 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have served your tenant with a thirty (30) day notice to vacate and the time has run past the thirty (30) days and the tenant is still in possession of the property, you now need to file an unlawful detainer action against the tenant to have a court declare that his lease is up and that he must vacate by a certain date.

I suggest that you consult with a landlord tenant attorney about this situation. The attorney will get the complaint filed and retain a process server to get the summons and complaint served for you. If the tenant is still coming and going into the rental there is no abandonment. The tenant is aware that his or her days are short numbered and the tenant is doing the best to avoid direct contact with you.


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