Time occurs when it becomes difficult to endure the bad behavior and destruction of trouble-making tenants. They might make unnecessary delays in paying rent, breach or violate the rental contract, damage your property value, and so on!! The only option left for you as a landlord is an eviction. Before you take any step, there are a few crucial aspects that you, being the landlord, should know. And here, we will give you a brief insight into them, so read till the end!
What legal grounds do you need to have to evict your tenant or to file an eviction?
Well, In the state of California, there are many laws and rules, protecting tenants from eviction. To proceed with the eviction process, you need to show strong evidence to the court against your tenants. You can only file a lawsuit with the court when your tenant:
- Does not pay the rent on time
- Disobeys the terms of the contract
- Does not leave the property after being served Notice of Termination
- Exploits the property for unlawful and illegal purposes
- Creates disturbances to the neighborhood even after repeated notice.
If you want to evict your tenant from your property, you can absolutely do that by serving proper eviction notices.
If your tenant has a month-to-month tenancy and is staying in your property for less than one year, you need to serve a 30-day notice.
On the other hand, if the tenant has lived in your property for a year or more, you are liable to serve a 60-day notice. Some cities in California require just cause reason for termination of tenancy for tenants that have occupied the residence for over a year. It is always best to list a just cause reason when one applies.
Steps involved in a legal eviction procedure
Before coming to the core part, i.e., steps to succeed as a landlord in eviction court, you must know that eviction in California is pretty time-consuming since it is a multi-step procedure. However, you can accelerate the process with the assistance of an Unlawful Detainer Assistant, also known as, an eviction paralegal.
Here are the steps to follow :
Step 1: Serve an eviction notice
The first step involves drafting and serving an appropriate eviction notice. You must be very careful while preparing the notice. A wrong approach might turn the table. So, it is always better to seek a local eviction service and get the notice prepared by an expert, including:
- Name, contact number, and address of the tenant
- Date notice expires
- Reason for eviction
- Signature of the landlord
Step 2: Wait for the response
Now, relying on the notice type, you need to provide your tenants with a specific time period for a response. For example, if you have served a 3-day notice to the renter for not paying the rent, wait and watch whether he clears the dues or not. If somehow the tenant fails to respond, proceed with step 3.
Step 3: File unlawful detainer with the court for eviction
When your tenant does not comply with your notice, it’s time to commence a court case. And for that, you’re required to file an unlawful detainer complaint with the court.
Considering all the evidence that proves that your tenant is faulty, the court will hand you over the stamped copy of the summons and the unlawful detainer complaint. You have to hire a 3rd party, at best a registered process server to have the tenants served the summons and complaint.
NOTE: You have to file proof of service to the court that the summons and complaint have been served to the tenants and unnamed occupants.
Step 4: Wait for the tenant to file a response
After you serve your tenant with the summons and complaint, he/she gets a time of five business days to file a response, if personally served. If they are substitute served the tenants have 15 days to file a response.
If the required days have passed and your tenant fails to file a response within that mentioned time frame, you can ask the courthouse for a default verdict.
However, for that, it is required to file the request to enter default, judgment, and writ of possession. If in fact the tenants did not respond the court clerk will issue a writ of possession, to take to the sheriff to lockout the tenants.
What should you do when the scenario is different?
Well, if your tenants answer the complaint, the county court sets a trial date. On the day of the court hearing, both you and the tenant should be present in the courthouse with evidence. Remember, the burden of proof is always on the landlord.
So, make sure to bring the lease agreement, payment records, and all the other documentary evidence to prove your case. Based on all the evidence presented, the judge makes the final ruling and enters the final judgment.
Hopefully, now you know how lengthy and complicated the eviction process can be. But you can cut it short with our Landlord Eviction Services in Roseville and across California. Call us whenever you seek legal help for evicting problematic tenants.