Sacramento, CA asked in Real Estate Law for California

Q: What is the right way for me to get him out of my property, without losing my last 3 months rent and the hay money?

I leased out 3 acres of my property to a guy for raising 4 cows. The leasing contract expired few months ago but we both agreed to continue the lease.

For the last 3 months he stopped paying the due rent money, also in many occasions, fell short to provide hay for his cows, so I had to buy hay for them.

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1 Lawyer Answer
Joseph Franklin Klatt
Joseph Franklin Klatt
Answered
  • La Jolla, CA
  • Licensed in California

A: You will need to follow the unlawful detainer process, which is the awkward way we say "eviction." Generally speaking, this will require a legal notice to the tenant to pay his rent or some other ground to evict him. These are often short notices, 3 to 5 days. If the tenant doesn't comply, you can file a Complaint in the unlawful detainer court. He can then answer and try and defend the eviction, or be defaulted. If and when you win, you get a judgment, can get a writ of possession, and that will allow a Sheriff to physically evict the tenant.

You can seek the bank rent in the unlawful detainer proceeding. The money you paid for hay would have to be pursued in a separate action, probably in small claims Court. I strongly suggest that you contact a local landlord-tenant (eviction) lawyer in your area. There are many ways to make mistakes in this process, and if you do, you have to start all over again. it is worth the cost of having a professional handle the unlawful detainer. The time, aggravation, and lost rent saved are worth it.

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