How do you evict a violent tenant?

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How do you evict a violent tenant?

Owner is moving and selling their home; tenant given 30 days to vacate. Refusing to pay rent and refusing to move out. Has struck landlord and has threatened to become more violent.

Asked on March 28, 2011 under Criminal Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The landlord needs to contact the police ASAP.  A complaint for assault needs to be filed.  Once it is, at that point the police can immediately remove the tenant since they pose a serious danger to the landlord.  If necessary, a restraining order can be issued.  The landlord can then file an unlawful detainer (i.e. eviction) based upon the tenant's actions.


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