Intero Real Estate Services
Good to average case scenario 30-60 days
Bad case scenario 8-10 months + damages
Seek legal advice
You have received excellent advice from the other responders.
It is very difficult to evict tenants under any circumstances. Often the tenants have nowhere else to go.
If you have not bought the property yet, I recommend that you make certain that your contract has provisions that the property is to be vacant at least 5 days prior to close of escrow. I recommend that upon your walk through prior to close of escrow, that you make certain that the property is vacant and has no personal belongings in the house that the tenants might want to come back and retrieve. .
If the property is not vacant, I recommend that you refuse to close escrow until the property is vacant.
If you have already purchased and closed escrow and you have tenants in the property, I recommend that you first do your best to persuade the tenants leave voluntarily. You may need to offer to pay the security deposit and several months prepaid rent to help the tenants to find a new place to live. As part of that agreement, I recommend that you place the obligation on the tenants to leave the property in the same condition or better as when you bought the property.
If the tenants will not leave voluntarily, and If you need to evict the tenants, I recommend that you hire an Attorney who has a great deal of successful experience with the eviction of problem tenants. However the tenants will probably be very unhappy and may retaliate by doing a great deal of damage to your property.
If you do have a property with tenants that need to be relocated, I recommend that you do everything that you can to help the tenants find a place to move to and keep them as happy as possible so that the tenants do not damage the property.
Either way it will probably cost you some money either in Attorney's fees for the eviction process and cost of repairs for damage caused by your problem tenants, or payment of the security deposit and prepaid rent for the tenants to persuade the tenants to leave voluntarily and leave the property in good condition.
Charles Butterfield MBA
Real Estate Broker/REALTOR
Cell Phone: (408)509-6218
Email Address: email@example.com
It is never easy to evict tenants under any circumstances.
Once you have certificate of title. You can approach. You are able to contact the resident during closing but can not provide a notice in writing until you "own", it. Then no mater the situation they are a non paying tenant and can be evicted at the speed of local process. Then a writ of possession may be used if they do not move. Source- I do over 100 eviction a year and Obama hasn't slowed me down one bit.
If you find the owner is living in the home.....then I would walk away....It just smells like trouble.
I will do it right . I am a detailed Headhunter. And I am not spending other than the server . Its a person like you who makes this possible to follow the letter of the law and so I shall .
I have a photo handing the mail woman the envelope on SAT past . The renter is no where to be found as each day I go look with letter in hand and he is not there in the cabana and yes I posted it on the door . And yes 2 x and 2 days all done .
OK so being I did not do a return receipt the only one who knows is the mailwoman but thats not good enough .But get this , his address , mine , does not come here anymore but forwards most likely to a PO BOX .......
I know a server but who should she bring it to ?????????
I know a bar and restaurant he goes to . I could give a bartender $10 and when he comes in with his beer he gets served .........lol .......eh ? no ? Hahahaha
Your so kind . I owe yu and will someday repay .......Lets do facebook if you like .
But a Big question first.
A) How was the 3 day notice served?
If you did not personally handed it to the renter. You can post on the door....ONLY after you have attempted to serve him two previous times on two different day and times. for example
Tues 3:00pm - Renter did not answer door
Wend 5:00pm - No answer at door
Thur 10:00am - No answer at door - Post AND Mail notice.
Then you would need proof of this, as in fill out a Due Diligence attempt notice and keep the Post Office receipt of letter of notice sent.
After all of this, then you can go forward a file a civil case. The time line is as follows
A) 3 day notice served and expired
B) File Unlawful Detainer
C) Hire a court approved Process Server to serve case documents. (Regardless what your have heard DO NOT allow family or friend to serve docs. They may be called upon in court and case can be dismissed due to wrongful process service, hire a real Process Server).
D) After case served - must wait 5 days
E) If the renter answered your case in court, you MUST set for trial
F) If renter did not answer after 5 days, you will return to court and win case by Default
G) Only then will the sheriff be allowed to evict tenant.
Ed all of this can cost normally from $800 to $3500 depending on what service you use and attorney fee's. You can save money by doing a lot of this yourself, unfortunately it was very complex if not done right and you can lose all cost paid, back rent and renter gets to stay in the home.
I'm in San Jose Bay Area and can help assist you from here if interested.
Hope this helps and good luck with this situation.
So your thoughts now which are appreciated are ....................?
How long do I have to legally wait to move his stuff to the street .....?
The time spent evicting an occupant may be faced more often but the damage done by a crazed self-righteous occupant can be huge.
Keller Williams Realty