GET THE TENANT EVICTION RESULTS YOU WANT. FAST.
There is a lot more that goes into renting out a property than most people think. First there is marketing the property and actually filling up the space; then there’s maintaining and repairing the property, managing contracts and payment, and the list goes on. With all these responsibilities, many landlords find that they have trouble keeping up with all the legal requirements of renting a property. That is where the legal experts at Duringer Law come in, as we offer the resources and services you need to function for precarious situations like tenant eviction, debt collection, and asset protection. We are always available to talk with you over the phone or face to face about your specific needs as a landlord, but in the meantime, here are some general resources that may benefit you.
SHOULD LANDLORDS HAVE LAWYERS?
It’s generally advisable for a landlord to already have a trusted relationship with a lawyer fostered before any legal issues arise. That’s because, over a long enough period of time, every landlord will come up against some kind of legal pushback, no matter how meticulously they run their business within the letter of the law. Mere collecting your debts improperly can lead to serious consequences, so it’s important that you are set up for these kinds of services ahead of time. By hiring a qualified legal professional for services associated with a legal risk, you’re not only freed up from learning the intricacies of the law, but you get the peace of mind knowing that these complicated liabilities are taken off your hands.
HOW CAN I PREVENT TENANT EVICTIONS?
Avoiding tenant evictions starts with providing an exceptional renting service. If you’re going out of your way to offer a comfortable living environment for your residents, you’ll likely minimize any necessity for evictions from the start. Before that, you should also screen your tenants with background checks, an appropriate deposit, and other assurances that they have the ability to meet their tenant responsibilities. Here are some other tips for avoiding a tenant eviction.
Reach out to tenants right after payment is late to give them a chance to explain their situation and get ahead of the issue.
Offer payment plans whenever possible for tenants when you think it is appropriate.
Serve them a pay or quit notice. These function essentially as pre eviction notices.
There is some consensus in the landlord community that small lump payments if they will comply with an agreed upon move out date is effective.
Report their delinquent payment to a credit bureau. Once tenants see their future credit score will be affected, it often hits close to home the importance of paying their late bills.
At some point, it may be appropriate to take the tenant to small claims court.
Remember to never change the locks, intimidate, or cut off utilities for a tenant in order to get rent; these are all illegal actions for a renter to take.
EVICTING A TENANT IN CALIFORNIA
It’s extremely important that tenant eviction be carried out to the letter of the law. None of this content should be considered legal advice, just a general guide to the process.
Tenant eviction in California can only be instigated with just cause; valid reasons for tenant eviction include the following:
- Failure to pay rent
- Violating the lease
- Staying beyond the agreed upon rental term
- Causing a nuisance
- Damaging the property
- Performing illegal activities inside the unit
- Using the unit for an impermissible manner such as operating a business in a residential zone
If a valid reason for evicting a tenant exists, the landlord should then give the tenant a 3 day notice or pay rent or quit their infractions. This notice can either be physically handed to the tenant, physically handed to an adult at the property and mailed to the tenant, or posted on the tenant’s door and mailed to the tenant.
After the tenant has not remedied the situation in the allowed time period, a property owner can begin the process of Unlawful Detainer Action. This requires filing a formal complaint through the court system, serving the tenant another notice, waiting the appropriate period, and completing the court process.
These are just the general guidelines of tenant eviction in California; it’s important you consult with a qualified tenant eviction legal professional before instigating any part of the tenant eviction process
We hope these resources have proven helpful. If you are looking for legal help with landlord services like asset protection, tenant eviction, or debt collection, make sure to give the professionals at Duringer Law Group a call. A friendly and knowledgeable team member will be happy to answer any questions that you may have