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How to Deal With the Eviction Process

The best way to handle evictions is to avoid them. They do not compute for anyone, and unless you recognize what you are doing, they will be expensive and lengthy. You want to scale back the possibilities you will need to evict by screening tenants totally, enforcing your lease, and keeping the lines of communication open to your tenants all the time.

Even if you are doing everything you can to avoid an eviction, unfortunate things happen to good tenants, and they may find themselves unable to pay the rent. Once this happens, it is necessary that you follow the proper carefully. 

There are many reasons you may evict a tenant. You will be able to evict for nonpayment of rent, lease violations, criminal activity at the property, or if there is excessive property damage at the house. The most common reason to evict a tenant, however, is because the tenant is not paying rent.

Eviction And The Civil Code of Procedure

Section 1161 of the California Civil Code discusses removal and the legal necessities that landlords should heed. You will see the term unlawful detainer, that is that the legal definition of an eviction. Once you acquaint yourself with this sa part of the Eviction Code, you will see what you need to do to evict a tenant legally. Several highlights are included:

  • Giving a written notice before filing a court action.
  • Following the required service methods for the Eviction Notices.
  • Requesting a judicial writ of Possession before changing the locks and removing the tenant.
  • What to do once there is a balance owed once eviction.
  • How the sheriff will assist you in taking away a tenant from your property.

As a landlord, you do not need to hire an attorney to represent you in a beneficial detainer action. However, we recommend that you ask for advice from an attorney who makes a specialty of real estate and eviction law. Even one innocent mistake will get your eviction case thrown out, and you would have to begin over. This can cause delay and cost you extra money in fees and unpaid rent. Get advice from an experienced lawyer and do it right.

The importance of your lease is often particularly apparent once you are attempting to gather unpaid rent or evict a tenant. Many suggested the landlord that a strong lease specific is vital. If your lease does not adjust to the law, you are about to have a tough time imposing it or asking a court to enforce it.

Talk to Your Tenant When Rent is Late

Communication is essential to avoiding eviction and keeping emotions in restraint. Your lease must indicate once rent is due. The law needs an amount of a minimum of one day. Once that date has returned and gone, and you continue to have not received the rent, you may charge a late fee (if your lease stipulates that). You should also make a call or text to your tenant. Inform them that rent has not been paid. Whereas you should not put up with habitual lateness, it is entirely attainable that paying the rent merely slipped your tenant’s mind, and he or she is going to catch up with it as before long after you call.

Remember to remain calm throughout this speech. Merely tell the tenant why you are calling. Be sympathetic to any excuse you hear, and bear in mind that the final word goal is to get the rent paid. Be direct and find out when the tenant is ready to pay the rent fully. If your tenant becomes hostile, stay professional. You can refer the lease or to the law once you are explaining what the tenant’s responsibilities are.

Legally Evicting Tenants

If you are not working with a property manager and you are not sure what to do when your tenants stop paying rent, we recommend you refer to an attorney, a landlord-friendly firm. But you do not want to check that in a court of law. If you have any questions on legally evicting tenants from your rental property, you should contact an attorney or property-management law firm.

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