There are several reasons you may need to evict tenants. The biggest reason is usually the nonpayment of rent. You may also evict for lease violations. Today, we’re talking about the eviction process in California, and what you should be prepared to do.
Serve a Three Day Notice
First, we serve a Three Day Notice to Pay or Quit and/or a Three Day Notice to Cure, depending on the reason for eviction. If, after three days, the rent hasn’t been paid or the issue hasn’t been cured, we turn it over to an attorney, who will start the eviction process.
Pursuing an Unlawful Detainer
If the eviction is for unpaid rent, I will personally call the tenant and try to collect the rent before turning the case over to our attorneys. Once we involve the attorneys, they will prepare an unlawful detainer action, and file it with the court. Then, it gets served on the tenant.
The tenant has a few days to respond to the unlawful detainer. If we get a response, the court will set a date for a hearing. During this time, we also try to work with the tenant. We can do a stipulation, which states how much the tenant owes in back rent, attorney fees, and court costs. We get them on a payment plan and avoid the eviction.
Obtaining a Writ of Eviction
If that stipulation is violated, however, the judge will sign off on a Writ of Eviction. The case then goes to the sheriff’s department, and the tenant is evicted.
When a tenant appears in court for the hearing, we attend as well, on behalf of the owner, and with our attorney. Once we have a judgment in our favor, the court issues the writ to the sheriff, and we can take possession of the home. We send a locksmith out with the sheriff so we can be sure the tenants cannot return to the property.
If you have any questions about the eviction process, please feel free to contact us at A. Meadows Property Management.