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Before you can proceed with evicting a tenant, you must have a valid reason for doing so.  Evictions are warranted when a tenant:

  1. Fails to pay rent

  2. Damages property and brings down its value

  3. Violates the terms of the rental contract and will not fix any problems

  4. Stays after the lease is up

  5. Uses the property for an unlawful purpose

  6. Uses, manufactures, sells, or possesses illegal drugs on the property

  7. Causes a significant nuisance to other neighbors and tenants, even after being asked to stop

  8. Subletting, allowing unauthorized individuals move-in without the landlord knowledge You can also evict a tenant from a month-to-month tenancy by giving proper notice. A landlord is not allowed to use self-help measures to evict a tenant:  You cannot physically lock out a tenant or cut off utilities.  Landlords should never threaten their tenants with unlawful methods to evict or threaten deportation of immigrant tenants.  You must go through this unlawful detainer process. It is illegal for you to file an unlawful detainer action in retaliation for the tenant exercising a right or complaining about the conditions to an inspector or agency. Three forms are necessary to proceed with an Unlawful Detainer:

  9. Unlawful Detainer Complaint

  10. Civil Case Cover Sheet

  11. Summons – Unlawful Detainer

  12. Prejudgment Claim of Right to Possession 


Rebecca Escamilla is bonded and licensed with Fresno County as an Unlawful Detainer Assistant, D201910000002, Expires 09/30/2021.

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