If I’ve given a 3 day notice and 10 days later sent a certified letter to vacate and the renter has not been in apartment for 1 month or paid rent, how long must I wait to clear their things out?

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If I’ve given a 3 day notice and 10 days later sent a certified letter to vacate and the renter has not been in apartment for 1 month or paid rent, how long must I wait to clear their things out?

Asked on October 26, 2015 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can't simply "clear their things" out--if you do so, that will be an illegal eviction and the tenant can go to court to 1) be placed back in the unit and 2) get monetary compensation from you for the illegal eviction.
Rather, you have to file an unlawful detainter or evicition lawsuit in superior court, get a judgment in your favor, and then have a court officer do the eviction. All evictions in your state are through the courts. You can get instructions and sample/template forms from your court, either in person or possibly online.


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