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San Diego Eviction Lawyer Warns Landlords to Avoid Self Help
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San Diego Eviction Lawyer Warns Landlords to Avoid Self Help

As a San Diego Eviction Lawyer, I am seeing more and more frustrated San Diego landlords attempting to remove tenants by what is known as self help.

The problem is that self help is not OK.  Self help includes things like shutting off utilities such as water and power.  It also includes coming into the unit and moving the tenants property out of rooms or out of the unit altogether.  Changing locks is also a no no.

Landlords that try self help methods may find themselves in a heap of trouble.  Most self help results in what is known as constructive eviction.  This is bad for landlords.

As an initial matter, if the tenant does not leave as a result of your self help, a landlord will have to go through the eviction process.  Depending on the basis for the eviction, constructive eviction may be an affirmative defense that leads to the tenant winning the eviction lawsuit.  In such a case, the landlord finds themselves in a situation where the tenant gets to stay and the landlord may have to do a lot of work just to get to the point where they can try another eviction.

But even if the tenant leaves as a result of a landlords self help, the landlord may still face serious problems.  The tenant can sue the landlord after she leaves for constructive eviction.  There are several theories of the recovery for the plaintiff that may include statutory damages and actual damages.

The point is: self help is a bad idea.  It is a much better idea (and maybe cheaper) to hire a San Diego Eviction Lawyer and follow the law.

To get rid of an unwanted tenant, you must follow the laws in California.  Typically this involves serving the tenant some sort of notice and then filing an unlawful detainer if the tenant does not do what is required in the notice.  Only after you have obtained a judgment from a Court can you have the Sheriff forcibly remove a tenant.

Related posts:

  1. San Diego Eviction Lawyer – Paying Rent When Landlord’s Mortgage is in Default
  2. San Diego Landlords Beware Shady Eviction Lawyers
  3. San Diego Eviction Attorney Discusses Who Should Serve a Notice on Tenants
  4. San Diego Eviction Attorney Discusses When Rent is Late

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