How To Handle The Tenant Eviction Process In California?

by Gerry Goodman on

How To Handle The Tenant Eviction Process In California?

The tenant eviction process in California is a long, drawn-out and tiring nightmare most landlord’s like to put on the back of their mind. In the case of having to handle a tenant eviction, you need to have a knowledgeable understanding of all the legal requirements under California jurisdiction, and approach matters professionally. Most landlords will go to the best property management companies in Orange County CA to firstly minimize the chances of this happening, but also to resolve as swiftly as possible if a tenant eviction does unfortunately unfold.

As a landlord, you are entitled to evict tenants that violate the Landlord Tenant lease agreement. However, each stage of the tenant eviction process in California cannot be ignored and has to be undertaken and applied to your case, as accurately as possible. The following stages of the process are listed below;

Step One: Be sure you have legal grounds to evict your tenant

Go through all of your paperwork, especially the Landlord Tenant lease agreement and be absolutely sure you have the right to evict your tenant before doing anything else. This needs to be in-line with what is accepted by California law, therefore make sure you have sought some legal advice before going ahead to avoid a lawsuit in response.

Step Two: Personally contact your tenant

Occasionally, a legal battle can be avoided by speaking with your tenant personally and attempting to resolve the situation. This is always worth doing, as it will save you a lot of legal fees, even if you hire a legal mediator to support you both in coming to a decision.

Step Three: Eviction Notice

To continue with the tenant eviction process in California, you must send a written notice to your tenant to inform them of how they violated the lease and how long they have to leave the property. This varies depending on the violation, so confirming this according to California legislation beforehand is recommended. For example, if the tenant violated the no pets term, the minimum notice is three days. If it is due to late rental payments, your notice needs to specify exactly this and how much they have outstanding to pay.

Step Four: Serve your notice

You need to serve your tenant with the eviction notice in order for it to be valid. As many tenants preempt this happening, they try to avoid being served as an attempt at avoiding eviction. The law has now extended this stage to provide further options to serving tenants. This includes personally delivering a copy of the notice to the tenant or leaving it with a person over the age of 18 at the tenant’s workplace and mailing another copy to your tenant. Give your tenant some time to try and resolve the situation before filing a lawsuit. This will help you to avoid a time, and money consuming legal battle. However, if the tenant does not proceed to vacate your property, you need to go forward with legal proceedings.

Step Five: File an unlawful detainer complaint

This is really the part of the tenant eviction process in California where you need the support of the best property management companies in Orange County CA. Once the time limit you have given your tenant has expired, you can proceed with a lawsuit. You do this by filing a complaint at the courthouse in which the court will issue a summons to the tenant that they will be required to respond to within five days.

Step Six: Request a court date

Once the five days have gone by, and your tenant has still not vacated the property, you have the right to request a court date which is usually held between 10 to 20 days from your request. Note that during this time you cannot collect any rent payments from your tenant; however, they will still be liable to pay you for this.

Step Seven: Court

Make sure to bring copies of every legal document and form of communication between you and the tenant to this part of the tenant eviction process in California. On average, proceedings take about an hour but can go on for longer if there are any delays so make sure to have every piece of documentation, however irrelevant it seems.

Step Eight: The local sheriff takes control

The court will have the local sheriff serve a 5-day notice for your tenants to vacate and if they do not, the sheriff has the authority to come and physically remove your tenants.

Step Nine: Deal with left-behind property

You can sell these items or dispose of them in some cases, but you need to check the tenant notice and rules of your local jurisdiction to ensure you are not liable for any of the tenant’s leftover possessions.

Property Management in Orange County CA

As you can see, having the advantages of the best property management companies in Orange County CA on your side will take this very intense procedure off your hands. Goodman Management Team works tirelessly in every stage of the tenant journey, especially the tenant screening and selection process, to minimize the risk of having to ever face a tenant eviction process in California. However, when such a procedure needs to be carried out, they handle meticulously and professionally to reduce costs and vacate your tenant as swiftly as possible.

Goodman Management Team is one of the most reputable and best property management companies in Orange County CA, as they are both hands on and maintain fantastic relationships with their clients. Gerry and his team take pride in making their client’s property investments as lucrative as possible and saving them as much money where necessary too. With qualifications in engineering, plumbing, and other handyman type skills, they often carry out repairs themselves to avoid the landlord paying the insane amounts of commission external companies charge. This approach to saving you money at any stage, whether this is compromising with the tenant to avoid hefty legal fees or maintaining every copy of the paperwork for a swift court procedure, is why they are so popular and trustworthy.

Visit Goodman Management Team to find out more about the tenant eviction process in California and how Goodman Management Team, one of the best property management companies in Orange County CA can help you today.

Written by: Gerry Goodman