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  1. #1

    Default Evicting A Tenant Who Is In Jail

    My question involves an eviction in the state of: california
    i am a new manager of apartments and while ive done my own looking up on the suject i am completly confused about it. i have a tenant that moved in in febuary and has had a few noise comlaints before i got the job well for april i didnt recieve rent so i had to go and knock on their door i got to talk with some one on the eighth they told me they were having a problem he got suspended from qwork and his sister was moving out so they would get it to me on the 11th when he got paid i let it slide until the 12 and he told me it would be paid that night on the 14 i recieved a check for 500 the rent is 875 i got a hold of him on the 15 again he told me of his problems and said it wont happen again and he gets paid on the 18th on the eighteenth he tells me he is going to pick up his check and hell have it to me that night well time goes buy and whatever i know hes not going to pay well on sat i find out from his friend who was living with him that he went to jail and he doesnt know when hell get out. now i find out that there was a stop payment put on his first check of 500. so my question is this can i give his mom a letter to pay or quit since they have keys to the apt and they could get his stuff. or is there any way to evict him whle he is in jail? i dont know if i have any right to kick him out?

  2. #2
    panther10758 Guest

    Default Re: Can I Evict This Tenant

    If your going to Manage Apartments you really need to know and understand rental laws. Many of your question can be answered here That being said you have a few problems. First being you have not followed CA guidleines for collection of unpaid rent or evictioon process. You must first supply the tenant with a three day pay rent or quit notice. Once those three days are up you go to court and file an unlawful detainer and have tenant served. If hes in jail its easy. Ask a jail official to serve him and file proper paperwork with court.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
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    28,637

    Default Re: Can I Evict This Tenant

    You can initiate eviction proceedings against him while he is in jail. The process server shouldn't have any difficulty serving him there. Is he the only one on the lease? Did everybody else who was staying there move out?

    If you post follow-up questions, please use normal capitalization, sentences and paragraphs. When you don't, your text becomes difficult to read.

  4. #4

    Default Re: Evicting A Tenant Who Is In Jail

    yes he is the only one on the agreeement and his friend moved out the day after he went to jail. His apt is also completly empty besides a couch and love seat.

  5. #5
    panther10758 Guest

    Default Re: Evicting A Tenant Who Is In Jail

    Was his "friend" on lease or paying rent? You may have to serve him as well unless he has paid rent.

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