As a landlord, you might find evictions complex and challenging. Taking self-help measures, such as changing locks or cutting off utilities, is not only against the law but also detrimental to your relationships with tenants. Better solutions are available.
Pursuing a legal eviction helps guarantee a smooth transition. It also uplifts your reputation as a considerate, law-abiding landlord. Keep reading to navigate evictions in San Diego, CA with ease.
Your Tenants and Their Tenant Rights
Every resident has tenant rights, even if they've become a bit of a problem to deal with. Keep in mind that even bad tenants are protected by these rights. The State of California Department of Justice has a page dedicated to landlord-tenant issues, featuring insights on the Tenant Protection Act.
The Eviction Process
The eviction process can seem daunting, particularly if you've never had to evict a tenant. However, in California, the process is rather systematic and predictable if done correctly. It commences with serving a formal notice to the tenant.
Three-Day Notice
This tenant eviction notice informs the tenant that they have three days to settle their outstanding rent payment. If the renter fails to do so within the specified timeframe, they must leave the premises.
Serving a Termination Notice
In California, lease terminations are typically based on "just cause" evictions. These are divided into two categories: "at-fault" evictions and "no-fault" evictions. Tenants receive at-fault eviction notices when they violate the terms of the lease, cause damage to the property, or engage in illegal activities.
No-fault eviction notices are served when the landlord wants to end the lease for reasons unrelated to the tenant's behavior. Examples of no-fault evictions include the landlord's intent to move into the property or to remove the property from the rental market.
For a month-to-month lease, a landlord must give at least 30 days' notice if the tenant has lived in the unit for less than one year. If the tenant has resided in the unit for a year or more, the landlord must provide a 60-day notice. A fixed-term lease, on the other hand, ends when the lease does and doesn't require a notice from the landlord unless specifically mentioned in the lease agreement.
Unlawful Detainer Lawsuit
If your tenant refuses to pay rent or correct a lease violation, you can then proceed with an unlawful detainer lawsuit. This suit means asking the court to order the tenant to leave.
The Power of Tenant Screening
High-quality tenant screening methods are essential in minimizing evictions. It gives you a better chance to swap out bad tenants for good tenants.
Screen tenants by doing a thorough background check, verifying income, and contacting references. The aim is to find tenants who will respect your property, pay rent on time, and not violate the lease agreement.
Make Evictions Simple
Handling evictions can be straightforward. Follow California's legal eviction process, from notice to a possible unlawful detainer suit. Then, use screening methods to prevent problematic tenants from reoccurring.
With over 18 years in the industry, Harland Property Management offers expert tenant screening and a solid eviction guarantee. Contact us today to improve your real estate journey and make evictions less overwhelming.
