Problem tenants can cost you money and put your property at risk for damage. If it gets to the point that you need to remove a tenant from your rental home, follow these eviction tips for San Diego landlords.
Your timing is very important when it comes to eviction. If your tenant has not paid the rent and keeps making promises to get it to you, there’s a danger that you’ll be stalled for several months before successfully evicting your tenant and generating new rental income. Start the eviction process as soon as rent is late. You don’t want to let a tenant continue making promises while not paying rent.
Three Day Notice
Your first step towards eviction is filing a Three Day Notice to Pay or Quit. This notice tells the tenants that they need to catch up with the late rent or leave the property. You’ll still be able to collect any money that they owe you if they do vacate the house. This notice begins your legal process and lets the tenants know you are serious about collecting rent.
After filing the Three Day Notice, you need to hire an attorney. Landlords can file for eviction on their own, but California law has strict requirements and complicated timeframes. Everything needs to be done perfectly and you will better protect yourself when you’re represented by someone who does this all the time.
Your attorney will file a complaint and the court will issue a summons to the tenant. At this point, the tenant has the right to dispute the eviction or provide an explanation for why rent is unpaid. They can appear before the judge and your attorney will be there to represent you. The judge might ask a few questions and then provide the tenant with a lockout date. You’ll need to wait at least 10 days and possibly up to two weeks before the tenant is required to leave. On the lockout date, you can meet the sheriff at the home, and remember to bring someone who can change your locks. The sheriff will go into the house to make sure the tenants are out and at that point, you get legal possession of the property.
The attorney costs are well worth your money when it comes to evicting tenants. Contact American Heritage Properties if you have any additional questions about the eviction process.