Eviction in San Jose, CA – Tenant Not Paying Rent? What’s Next?

The process of tenant eviction in San Jose, CA is something that many landlords dread, and for good reason. If you’re not sure how it works, eviction can be expensive and time consuming. It’s always in your best interests to avoid eviction, when possible. When rent is late, take proactive steps to reach out to your tenant. Give your tenant a call or stop by the property and see if you can get an explanation or an expected date that rent will be paid. You can post a Three Day Notice to Pay or Quit if you can’t reach the tenant, but communication is the best way to start.

Work Out a Payment Plan

If the tenants are willing to talk to you, find out what they plan to do to catch up with the late rent. Sometimes there’s a temporary financial setback and they won’t have a problem catching up in a few weeks. Maybe there was an unexpected expense and they are struggling to make ends meet. See what you can do to work with them. As long as you know the money will eventually show up, you can probably avoid eviction. Try to get them back on schedule, especially if they’re good tenants.

Try to Avoid Vacancy

Sometimes, eviction can seem like the only solution, but you don’t want to force a vacancy if it’s not absolutely necessary. When your property is vacant, you know for sure that you aren’t going to have any rent coming in, and you’ll never recover from those months that you don’t get paid. You can serve the Three Day Notice to Pay or Quit even while you’re working out payment details with your tenants. This will protect you in case you need to go ahead with the eviction, and it will hold the tenants accountable for coming up with the money.

Use an Eviction Attorney

If you cannot reach the tenants or they don’t return your calls, or they simply tell you that they have no intention of paying the overdue rent, you may have to go ahead and evict them. Use a professional attorney who has experience in landlord tenant law. Don’t use a criminal attorney that your brother knows or the lawyer who helps you with your taxes. Get an expert who specializes in evictions. Your eviction will be faster, less complicated, and less expensive when you have a good attorney helping you.

When you have a tenant who stops paying rent, see what you can do to get them back on a working payment schedule. Eviction should always be your last resort. For help with this process, contact Aborn Properties.

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