Eviction

[Galvalca]

california - we have served tennants a 3-day notice and now have hired an eviction specialist who served the second notice 1 week ago for tennants to vacate withing 5 days. The tennants have been out for 4 days, but have left 3 pieces of broken furniture in the house, chair, dresser, mattress, plus a broken car in the driveway. Tennants have also broken locks on all doors so house is unsecured. Can we move items out and take possession and move back in, or do we have to wait until the eviction process runs its course? The eviction specialist says we have to wait, but this doesn't make sense. We have an immediate need to move back in-can't afford a mortgage pmt and rent pmt and rent is due. Please advise.

 

[LL]

Where in the world did you get this "eviction specialist"?
Did you actually pay him?

My teen-aged son knows more about evictions in California than this guy.

Fix the locks today, declare anything left in the house to have a total value of less than $300, throw it away and move back in. If this guy claims to be a lawyer, report him to the local bar association for gross incompetence.

 

[Galvalca]

Your advise was just what I wanted to hear! Thank-you. As you probably have guessed, we are not experienced landlords. We kind of got thrown into this landlord thing. I don't like it. I'm assuming I can have their disabled car towed away too? Again, Thank you!

 

[LL]

Can you defend the declaration that all of the property left behind is worth less than $300? What is an old broken car worth? The value of parts? What can you get for it, as is?

If you can defend that the value of all of the goods together is worth less than $300, then you can dispose of the goods however you please.

If they are worth more than $300, then it is more complicated, involving notices, storage, and ultimately a public auction sale for the benefit of the ex-tenant.
See:
https://forum.freeadvice.com/showthread.php?threadid=50784