What to Do When a Tenant Stays in the House After an Eviction

If the landlord has won their eviction case, that means that the tenant is required to leave, so what do you do if they refuse? At that point, the landlord has a legal right to force the tenant from the property, but there are still legalities to follow.

Time frames may change depending on local laws, but the tenant is given a set number of days to vacate the premise and the sheriff has posted a 'Notice to Vacate.' The landlord cannot force the tenant to move out before this set time. The tenant may stay by filing a 'Stay of Execution' with the court and paying a week's worth of rent to extend their stay.

Be careful to know your local laws when it comes to evictions. California laws, especially in San Francisco, are very strict and the process can be complicated. Hiring an attorney who specializes in evictions may be the best route to take.

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POSTED January 24 2014 10:55 AM

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