We don’t know anyone who enjoys talking about eviction. The entire process is stressful, frustrating, and expensive. Even if you’re prepared.
As a real estate investor, you will need to understand the eviction process in California in the unfortunate event that you find yourself needing to remove a tenant. Evicting isn’t easy in California, and that’s why we like to think of it as a last resort. If you can avoid eviction, you should.
While it may be tempting to evict a non-paying tenant as soon as possible, the legal process can be complicated and time-consuming. It is crucial to understand the steps involved, the legal requirements, and your responsibilities as a landlord to avoid any legal trouble.
At South County Property Management, eviction is rare. We do an excellent and thorough job of screening tenants; we develop and maintain excellent relationships with our residents, and we’re good about establishing and enforcing lease agreements and rent collection policies.
But, crazy things happen. We don’t evict often, but we do have a deep and nuanced understanding of the process.
Let’s take a look at what eviction looks like in California, so you can make informed decisions and protect your investment.
How to Ensure Eviction is a Last Resort
The best way to manage evictions in California is to avoid them. Here’s how we counsel landlords and real estate investors to prevent evictions:
- Screen tenants thoroughly. Check the national eviction register. Look for money that’s owed to former landlords and apartment communities. Make sure they don’t have a lot of red flags in credit reports. Ensure their income is sufficient to meet their rental obligations. Talk to former landlords about whether rent was paid on time and the lease terms were followed.
- Get to know your residents. Establishing a good relationship will help you avoid eviction. Tenants who are happy with their landlords and with their rental experience are less likely to pay rent late or violate the lease agreement.
- Work with a property manager. Tenants know what they can get away with, and typically they can get away with a lot more when they’re renting from an independent landlord versus a property management company.
Avoid eviction by working with tenants if they need some extra time to pay rent. A payment arrangement in writing will serve all parties better. Offer flexible lease terms if it looks like your tenant is suffering a long-term financial problem. If they won’t be able to make rental payments going forward, consider letting them out of the lease agreement so you can get the property back and re-rent it quickly, without losing time and money to eviction.
Steps to Eviction in California
We know that eviction isn’t always possible to avoid. If you find yourself with a good reason to evict, make sure you know the steps. If your property is subject to just cause eviction laws, make sure you’re not evicting for a reason that is outside of that law.
- Step 1: Serve the Required Notice
Before beginning the eviction process, you must first serve the tenant with a notice. There are different types of notices depending on the reason for the eviction, and each comes with its own requirements. For example, if the tenant has not paid rent, you can serve a Three-Day Notice to Pay or Quit. If the tenant has violated the lease agreement, you can serve a Notice to Perform or Quit. It is important to follow the formatting and delivery requirements to ensure that the notice is valid.
- Step 2: File the Eviction Lawsuit
If your resident fails to comply with the notice, the next step is to file a lawsuit with the court. You will need to provide evidence of the non-compliance and pay the filing fee. Once the lawsuit is filed, the court will schedule a hearing where both parties can present their case. It is important to have all the necessary documentation ready, including the lease agreement, notice, and any communication with the tenant.
- Step 3: Obtain a Court Judgment
If the court rules in your favor, you will obtain a judgment for possession of the property. The tenant will have five days to appeal the ruling. If they do not appeal, you can request a Writ of Possession, which allows you to take back possession of the property. It is important to note that you cannot use your own methods to remove the tenant; you must wait for law enforcement to carry out the eviction.
- Step 4: Collect Past Due Rent
While the eviction process is primarily focused on regaining possession of the property, if you are evicting for nonpayment of rent, you’ll likely want to collect that money even after your tenant is removed from the property.
To do so, you will need to file a separate lawsuit for the unpaid rent and obtain another judgment. It is important to consult with an attorney to ensure that all legal requirements are met.
As a real estate investor, it is important to understand the eviction process in California. While it should be a last resort for non-paying tenants, it is crucial that you follow the legal requirements and procedures to avoid any legal trouble. By understanding the steps involved, serving the proper notice, and obtaining a judgment, you can protect your investment while ensuring that you are complying with all legal requirements. As always, it is important to consult with an attorney or a local property management company to ensure that you are in compliance with all laws and regulations.
We are not attorneys, but we have been working with rental properties and tenants in our area for years, and we understand both how to conduct a legally compliant eviction and how to avoid it. We’d be happy to help you with whatever issues you may be having, even if there is no other choice but to begin the last resort: an eviction.
Please contact us at South County Property Management. We serve Santa Clara County, including San Jose, Campbell, Saratoga, Cupertino, Sunnyvale, Los Gatos, Milpitas, Morgan Hill, Gilroy, and neighboring areas.
