Legal Q&A: If tenant doesn’t move by end of notice, shall I call the sheriff?


Question: I served one of my tenants with a 3-Day Notice to Pay Rent or Quit. He did not comply, so I served a 30-Day Notice to Quit. If the tenant does not move out by the 30th day, should I call the sheriff to evict him?

Answer: The sheriff will not evict your resident unless you have gone through the unlawful-detainer lawsuit and produced a judgment for possession. You could have filed the unlawful detainer action after the 3-day notice expired; you did not need to give the tenant an additional 30 days.

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