Five Steps to Evict a Tenant in California
A guide for landlords in order to effectively evict a tenant in California.
Bill and Molly each owned a house when they fell in love and decided to move in together. Instead of selling one of the houses they decided to keep both houses as they saw the real estate market was trending upward. They figured the rent would more than cover their monthly expenses of the property. It sounded like a great idea until the day their ‘responsible’ tenant began paying late, making excuses every month and finally stopped paying all together! “What do we do now?” Bill and Molly couldn’t believe this was happening to them.
If you’re dealing with a troublesome tenant you may feel as if your investment was a BAD IDEA! As the landlord you have a few options.
- Pay a Real Estate Lawyer to help you evict the tenant.
- Evict the tenant yourself.
- Sell the property as quick as possible!
Evicting a tenant in California can be expensive and time consuming. You may want to consult with a lawyer familiar with California Tenant Law in regards to your legal right to evict your tenant.
If you want to evict the tenant yourself make sure to follow these Five Steps to Evict a Tenant in California:
- Serve the tenant with a 3 Day Notice to Pay Rent or Quit.
- File an Unlawful Detainer Complaint with the County Courthouse. You should also file a Civil Case Cover Sheet and a Pre-Judgment Right of Possession form.
- You must then have the tenant personally served with a copy of the Unlawful Detainer. It is important to realize that you cannot serve the papers yourself nor can anyone else whom is party to the suit. The County Sheriff’s Department may serve the papers for you.
- After receiving the complaint, the tenant has five days to file and serve a response. If the tenant doesn’t file a response than you will need to file a Request to enter default, Clerks judgment for possession, and a Writ of possession will be issued for the premises. Once this paperwork is submitted and fees paid these documents are to be taken to the County Sheriff’s office to complete the conviction.
- However if the tenant does file a response which they most likely will, you will need to file a request for trial. You will be given a trial date and time within five days. After the trial the court will send out an official ruling to all parties involved. Assuming the court rules in your favor, you will than provide the Sheriff’s office with a Writ of possession order and they will give the tenants a five day notice to vacate before the lockout order is enforced.
If you are successful with all five steps to evict a tenant in California and you take possession, make sure to store any left behind items for 2 weeks. If this all seems overwhelming and painstaking you may want to consider selling the property. Seasoned investors like SAC House Buyers will buy the property with your problem tenant and close quickly with cash!
Call 916-500-4410 or visit www.http://www.sachousebuyers.com to find out how to sell your problem property fast.