Is it legal to turn off the utilities on a rental property where you have given your tenant 60 days notice to vacate and they refuse to leave?

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Is it legal to turn off the utilities on a rental property where you have given your tenant 60 days notice to vacate and they refuse to leave?

The house needs to be empty for an upcoming remodel/renovation schedule to start in 2 months.

Asked on October 13, 2011 under Real Estate Law, California

Answers:

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

Answered 9 years ago | Contributor

This is absolutely not legal. Do not tum off the utilities or else you could be sued for unlawful eviction if you do.

Since notice has been given, the correct thing for you to do now is to file an "unlawful detainer" (i.e. eviction lawsuit) with the court. Once a judge hears the case and decides in your favor, he will issue an order for your tenant to vacate the premises. At that point, if they still do not leave, you can have the sheriff forcibly remove them if necessary.


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