08 Nov Evicting Tenants
Evicting tenants can be a very traumatic experience for both parties. From having to make childcare arrangements to taking time off work and bewildering court room scenes. Evicting tenants is a hard thing to do. In fact, for a family being evicted, the event can be a devastating blow. Nevertheless, almost every landlord will undoubtedly be faced with a tenant that does something to warrant an eviction. In some cases, eviction might seem too harsh. But, in other cases such as when your tenant hasn’t paid the rent in months eviction may be your only option.
When Eviction is the only Option
In the unfortunate circumstance you need to evict a tenant, making sure you follow local and state laws is extremely important. Because, despite your careful vetting process that includes credit checks, background checks, and calling references. Consequently, there will be times when even your best efforts may fail you. For this reason, we offer some insight on eviction in California.
Disclaimer: The information provided in this post is for informational purposes only and not for the purpose of providing legal advice…
Eviction in California
Eviction used to be a rare occurrence in California; it’s now common. That said, while there are many factors that play into the increasing amount of evictions. Eventually, almost every residential landlord has to evict a tenant. Eviction in California is different than other states. In fact, on September 05, 2018 signed a bill extending the amount of time tenants have to fight evictions.
AB2343 has a stipulation in it that says weekend days and holidays do not count in the time tenants are given to respond to an eviction notice. Consequently, tenants have three court days to pay rent after receiving such a notice. And, they have five court days to respond to an eviction lawsuit. Although this law does not take effect until September 01, 2019, preventing avoidable evictions is something every landlord should do. That said if you are thinking about evicting a tenant in California, you first need a reason for doing so that complies with the law.
Evicting A Tenant
Evicting a tenant, or forcing a renter to move out of a rental you own in San Diego, under California law is a time consuming, multi-step process. As a landlord, you have the right to remove tenants who violate their lease agreements. But, the only way to evict a tenant legally is by filing a lawsuit. Before you can proceed with evicting a tenant, you must have a valid reason for doing so. While there are a number of reasons why you may need to evict a tenant, the most common one is nonpayment of rent. Evictions are also warranted when a tenant:
- Damage: for damaging the property brining down its value
- Failure to Pay: for failing to pay rent
- Violations: for violating the terms of the rental agreement
- Stays:for staying after the lease is up
- Unlawful: for using the property for unlawful purposes
- Illegal: for manufacturing, selling, possessing illegal drugs on the property
- Problem: for causing a significant nuisance to other neighbors or tenants even after being asked to stop
When In Doubt
If you have questions about managing your rental properties or need help doing so, please contact us. We manage single-family homes, condos, and apartment buildings throughout the San Diego County. Whether you are interested in changing property managers, or simply looking to hire a property management company for the first time, Rancho Mesa Properties can help. We take care of all types of residential rental properties including homes, condos, multiplexes such as duplex and triplexes, and even small apartment buildings. Let us manage your rental properties, so you can enjoy your life! Call us today at (858) 576-2176. We will save you time, money, and the stress that comes along with managing your own rentals.