Eviction is the process by which the landlords can eject the tenants from their property. It begins with the landlord giving notice to the tenant to settle the grievances or otherwise vacate his property. The California Eviction Process requires that the landlord has given proper notice, and if the tenant doesn’t voluntarily move out, the landlord can evict the tenant. In order to evict the renter, the landlord must file an Unlawful Detainer Lawsuit in Superior Court.
When can you evict a tenant?
You can evict
your renters legally in the following cases:
Rent not paid
Well, it is one of the most common reasons for tenant eviction! A landlord can expel the tenants if there is a payment delay of a month or two, depending on the duration for which the tenant has been living in the property.
Sub-letting
Suppose you rented property to two, but, your tenant ended up adding two more members to the property, and started taking rent from them. This is serious! Either ask them to put an end to this, or be prepared to be evicted.
Damaging the property
In case the tenant has seriously damaged the property and is unwilling to pay for the damage charges, you have the right to evict them.
Self-use
If as a landlord, you want to take back your rental property for personal use, you could do so by sending an eviction notice to your tenant.
Commercial use
In case your tenant is using the residential property to run a business of their own from the premises, this can call for an eviction too! Commercial use of residential property could lead you to trouble.
How to evict the tenant?
The eviction process is equally professional just like the one you follow when you give your property on rent.
- Hire a paralegal: You will need a legal assistant to administer the process to ensure a smooth accomplishment of the eviction. Also, a paralegal can eradicate the friction between you and your tenant.
- Send eviction letter: A formal eviction letter should be sent to the tenant before you move to the courts.
- File & send notice: A suit is then filed in the civil court, and the tenant afterward is notified for the hearing.
- Hearing: Either the tenant leaves the premises without visiting the courts or may contest the notice. In case the tenant contests the case, you will have to wait for the court to give a decision. Make sure you have strong arguments and proof to confirm the eviction.
Evicting someone from your property is not easy. But hiring a good paralegal team can decrease the hassle and stress.
