If you are a landlord and your tenant is troubling you then eviction is the best option for you. However, you need to follow a systematic eviction process that too adhering to California Law. In case your tenant refuses to vacate the property then the only option left with you is filing a lawsuit.
To know the process of eviction in Riverside click here.
Eviction process guidelines:
The entire process of eviction takes around 30 days. The very first thing that the landlord needs to keep in mind is to have a valid reason to back up the eviction process. The reasons which are considered valid for Unlawful detainer are
Failure to pay the rent
Property damage
Violation of lease agreement
Unlawful use of the property
Indulgence in manufacturing, selling or possession of drugs
Causing trouble to other renters and neighbors
It is important that the law doesn’t permit the landlord to get the property vacated by themselves using any self-help measures. It is advisable to follow the legal procedure to get the property evicted. Click Here to know more about this eviction process in details.
Serve notice to the tenant: It is always advisable to try to resolve the situation between the landlord and the tenant. In case, this option doesn’t work then you should start following the legal process of eviction. If your tenant fails to pay the due rent, then you need to give a 3-day notice to pay rent or quit to your tenant. You have to be very careful while sending the notice as it acts as an important document to support your eviction case in the court. The notice should be clear and should contain all the necessary information.
The amount of due rent
Details (name, contact number, and address) of the party or person to whom rent to be paid
Tenant’s name and address
Certificate of service
Signature of landlord
In case the tenant wants to terminate the lease agreement which is renewed on a monthly basis then the notice period needs to be of 30 days. This notice period is valid for tenants who have lived in the same unit for less than a year. In case the tenure is more than a year then the landlord needs to serve a notice for 60-days.
Wait until the notice period gets expired: If the tenant neither pays the due rent neither vacate the property within the given notice period, then you may proceed by filing a lawsuit in the court.
File the eviction lawsuit in the court, also known as an Unlawful Detainer Lawsuit: Filing the lawsuit can be really tricky. You should make sure that the paperwork and documentation are in correct order. Any careless mistake and you have to carry out the entire procedure again. This will take time, and you will keep losing rent on your property. It is always advisable to take the help of professionals to handle the legal proceedings. The three major forms that need to be filled while filing an eviction lawsuit are
Unlawful Detainer Complaint
Civil Case Cover Sheet
Prejudgement Right of Possession Form
The information given in the form should be accurate. Any incorrect information may cause you heavy losses.
Once the case is filed, the tenant has a 5-day period to submit an answer. In case the tenant fails to submit a response in the court then a 5-day notice is served, and tenant needs to vacate the property in the given time.
Serve the tenant with lawsuit paperwork: It is very important to serve the lawsuit paperwork to the renter in a proper way. It is always advisable to take the help of a professional server. Having proof of service is important. Hence do take the sign of the person who has done the serve the papers on your behalf.
Wait for tenant’s response: Tenant gets 5 days to submit the response to the court. If the tenant submits the response, then the court will give a date, and you may start with the legal proceedings. In case the tenant does not submit any response with the court then you may ask for default judgment. A court date would be provided to you, and you have to submit all the evidence and documents that can prove your case and that you have followed the eviction process.
It is always advisable to follow the court process. In order to run the eviction process smoothly then hire an experienced eviction lawyer. There are lots of do’s and don’ts as far as eviction laws are concerned. An eviction attorney will guide you throughout the process.
