Santa Rosa, CA asked in Landlord - Tenant for California

Q: if a tenant is ordered to vacate from the home by emergency order do I still have to evict them?

Tenant move in a couple. 2 days later at another location He domestically abused her. She was granted a emergency order requiring him to vacate premises. When released from jail he went to the property and again was arrested for violating the order and evading police.

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Landlord Tenant Lawyer
  • Newport Beach, CA
  • Licensed in California

A: Short answer, yes. I would suppose if you used a standard Realtor form lease, having this restraining order would disqualify the restrained one from occupancy and be a violation of the lease. 3 day notice. You may not be able to evict the non-restrained person but if they cannot pay the rent you may be able to evict for non payment, if the Governor's eviction hold does not apply to you or your property. You should consult with an eviction attorney with all your particulars. Expect resistance, so be sure you do everything properly.

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