Landlord Question and Answer Forum

One of my tenants hasn't paid the rent for the last two months and still owes part of the rent for October (three months ago). I already sent notices of default asking him to pay, also, I contacted someone to start the eviction process, but his lease ends at the end of this month/year (December 31st). I already sent him a 30 day notice of non-renewal lease asking him to remove his possessions by December 31st, but I don’t think he will move.

In the lease agreement is stipulated the following: Default. If any default is made in the payment of rent, or any part thereof, at the times hereinbefore specified, or if any default is made in the performance of or compliance with any other term or condition hereof, the lease, at the option of Lessor, shall terminate and be forfeited, and Lessor may re-enter the premises and remove all persons therefrom. Lessee shall be given written notice of any default or breach, and termination and forfeiture of the lease shall not result if, within 30 days of receipt of such notice, Lessee has corrected the default or breach or has taken action reasonably likely to effect such correction with a reasonable time. Can I take my property back by January of 2008 if the tenant is still there? Are there any legal implications if I remove his belongings?

Posted by Jose M, CA on Friday, December 7, 2007

If you have already initiated evicition, you will not be able to take possession until either the tenant leaves voluntarily and returns the keys or the court orders eviction. Check under the resources in this site as there are links to the information in each state. Each state has it's own criteria for when and how you may remove and tenant and their belongings. It is very important NOT to take matters in your own hands and change locks or physcially throw your tenant out. Good luck.

Posted by Denise S, PA on Sunday, December 9, 2007

Regarding what is commonly known as "self-help" (changing the locks, removing the goods yourself, etc., I would agree that this is not recommended because it interferes with what is going on in the legal process.

Posted by James P, PA on Tuesday, December 11, 2007

No, you cannot take the property back if the tenant is still there. You should have sent a 3-day pay or quit notice the 1st day he was late, but so much for should have. You will now have to follow through with the eviction proceedings with the court and once complete the sheriff's Dept. will lawfully get your property back....

Posted by meredith s, CA on Saturday, December 29, 2007

In California, once the tenants have left, you have to hold the tenants belongings in a safe place for 18 days, if they have not been back to remove them by then, you can safely remove them all yourself.

Posted by Kathy L, CA on Friday, March 14, 2008