Can I hasten eviction process for tenant creating disturbance?

Legal Q&A: Can I hasten eviction process for tenant creating disturbance?

May 7, 2014

Question: The non-payment of rent notice I served on the tenant has expired. The tenant is now trying to pay the rent, but I do not want to accept payment and would like to return it. How can I return the payment?

Answer: You can return the tenant’s payment by personal delivery or sending it by regular mail. You are not required to send it by certified mail. It is important to return the payment as soon as possible.

Ted Kimball
Kimball, Tirey & St. John LLP

Question: I have an ongoing unlawful detainer against one of my tenants, but the person is continuing to create a disturbance at the property. Is there any way that the unlawful detainer can be expedited?

Answer: Unfortunately, no. However, unlawful detainer actions have priority over other civil matters. If the tenant is engaging in a serious or criminal disturbance, call the police.

Question: My tenant was just evicted, and the majority of his/her items are still in the unit. Do I need to provide another notice to retrieve his or her belongings?

Answer: No, once you go through the court eviction process, and the sheriff conducts a lockout, the sheriff notifies your tenant regarding rights to property still inside.

Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. Laws may have changed since this article was published. Before acting, be sure to receive legal advice from our office. If you have questions, please contact your local KTS office. For contact information, please visit our website: www.kts-law.com. For past Legal Alerts, Questions & Answers, and Legal Articles, please consult the resource library section of our website.

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