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  1. #1
    dcfan is offline Junior Member
    Join Date
    Jun 2005
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    Notice of Belief of Abandonment vs Unlawful Detainer

    What is the name of your state? California.

    I was wondering if anyone could explain to me a bit about Notice of Belief of Abandonment.

    My tenants stopped paying rent on December 1, and I have been unable to contact them. Their neighbor tells me he has seen no sign of them and believes they are not staying there. I am wondering 1) is the Abandonment Notice an easier, faster, and cheaper way to get possession back rather than filing Unlawful Detainer? 2) is it possible to file both notices at the same time or does one cancel out or interfere with the other? Most importantly, every web page I have looked at remarks that I must have good cause to think they have moved out. The fourteen day waiting period is almost elapsed, but since I cannot enter the unit or speak with them, how exactly what I go about establishing “good cause,” other than the fact that their next door neighbor has not seen them?

    It seems that the abandonment notice requires no feed or court involvement and is there for the better option, but not if I’m going to get sued for wrongful eviction because I don’t have good cause. I’m trying to decide if I should try it were just go with unlawful dictator, so any insights would be appreciated.

    As a side question, the electric bill is still in my name. I know the landlord cannot shut off his tenants utilities, but is that true even when the utility is in my own name?
  2. #2
    Alaska landlord is offline Senior Member
    Join Date
    Feb 2007
    Posts
    4,095
    You can certainly post a notice that you will be entering after the required time period, 24 hrs in some states. Use that time to determine if the apartment has been abandoned. You will probably need to research your state laws to proceed to the next step.
  3. #3
    CA LL is offline Senior Member
    Join Date
    Mar 2007
    Posts
    1,098
    You should go the route of the UD and you should have started the process over a week ago..they key is to do this and get them served BEFORE they move out. Then you not only get possession but also a judgment for your money owed. And actually the waiting time is about the same...maybe a few more days for the UD BUT you put that on their record (good thing), you allow other LL's to then know they were evicted (good thing) and you get your money judgment that you can garnish wages, attach assets, levy bank accts for...last ten years initiall with interest and then renewable for another ten.

    Sounds like you haven't even assessed the situation personally. You need to do so and get on this ASAP. Next time don't wait two weeks into the month to make the determination.

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