Upcoming Foreclosures

How do I get renters out of my house that will go into foreclosure 1/1/10 because they didn't pay Nov/Dec, yet?

They owe: November December January (due on 1/1/10 and if they don't pay it will go into foreclosure that day) Am I in any trouble? Believe it or not, they are Patent Attorneys and know the law pretty well. I'm just a homeowner that moved out to save the house and picked these losers to keep the payments up. I sold my car to pay my rent and bills here in CA. I guess they don't want to "suffer". ADVICE: Stay out of Texas. We've had nothing but troubles out there. We're finally home in CA again!

Public Comments

1. you must follow state guidelines to evict these people
2. you can evict them. but that takes 45 days at least. just let it go. you will not get a court hearing prior to Jan 1
3. First, you have to issue a pay or quit notice to the tenant, giving them 3 days to pay in full all money owed (rents and late fees) or move out. If they do not pay, you issue them a 30-day notice to move out for violating the lease terms (non-payment of rent). If they do not move out, you then have to file an unlawful detainer lawsuit with the county courts. When this is filed, a subpoena will go out to the tenant and they have 5 days to respond to it (in writing), in case they want to contest the eviction (they think it's illegal). Within about 20 days, a judge will rule on the legality of the eviction, based on the detainer you filed and the response by the tenant. If the judge thinks the eviction is legal or if the tenant does not respond to the detainer, the judge issues a writ of possession and awards you whatever damages he thinks you are owed (back rent, late fees, property damage, legal fees, etc.). The writ of possession is submitted to the tenant and the county sheriff. It states that the tenant has 5 days to vacate the premises, including removal of all personal property. If the tenant does not vacate and remove their personal property, the sheriff forcibly removes the tenant from the property and seizes all of their personal property. You can then contact the three credit reporting bureaus for instructions on how to have an eviction and non-payment of money owed attached to their credit reports. Whatever you do, DO NOT do anything to the house that could be considered making the house unlivable in order to get the tenant to move out. This includes turning off utilities, changing locks, removing doors and windows, etc. This is against the law and the tenant can turn around and sue you for doing so. The eviction process is your only legal recourse for removing deadbeat tenants. And, as attorneys, they are probably aware of this.