QUESTION

If I searched 3day or quit to tenant because they haven't played rent for three months....Can I shut utilities off that are in my name because I can't

Asked on Feb 10th, 2017 on Real Estate - California
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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No. In California, turning off the utilities is treated as a form of eviction, just like changing the locks. Even if the tenant has not paid the rent or reimbursed you for utilities (if that is required by the lease), the only legal way to evict the tenants is to serve them with a 3-day notice and then sue them for eviction. After you win your case, then you get a writ of execution from the the court, take that to the sheriff, and then a week or two later, the sheriff evicts them. Most eviction cases settle before that. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.   Dana Sack
Answered on Feb 12th, 2017 at 11:51 AM

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