So your tenant either stopped paying rent or has a bad habit of breaching the terms of their lease...what do you do? If you delay on the breach at all it could potentially be used as a defense against you, and if you don't jump on the delinquent rent you could be allowing them to climb into a hole too deep to climb out of. There are so many tenancy off-ramps prior to an eviction but let's assume you've exhausted those and you are ready to file.
The process of eviction can be expedited. The challenge though involves doing everything exactly right. If the property manager/owner makes mistakes in serving an eviction notice, for example, the eviction case might be thrown out and the process, including the legal aspects will begin again.
Nonpayment of Rent
If the tenant doesn’t pay the rent when it’s due, the landlord can serve a notice that the rent is due and give the tenant a certain time (typically 3 Days) in which to pay. If the tenant pays the full amount in the time stated, there can be no eviction.
Fixing a Violation
In many states a property owner can give a resident a notice insisting that a specific violation of the rental agreement be resolved. The notice must clearly state the amount of time the resident has to correct the violation.
Unconditional Notice
In some states a notice may be served on a resident to move without any exceptions. In most places this can only be done if the resident has seriously violated the rental agreement or is breaking the law in their residence.
30-Day or 60-Day Notices
In most states a property owner can give an eviction notice for a tenant to move without giving any reason. The time allowed under state law for such a notice is usually 30 or 60 days, but it may be as short as 20 days or as long as 90 days. There are usually exceptions if the resident has lived in the unit for a long time, is a senior citizen or disabled, is receiving federal housing assistance, or if the reason for the eviction is a condo conversion. An owner can’t give this kind of notice to a resident with a lease until the lease period is over. Remember, some states or cities require owners to pay relocation expenses in some situations, like evicting a senior citizen or disabled tenants or for units that are being converted to condos.
While property owners can certainly file unlawful detainer actions on their own behalf in California, there are so many nuances and things that have to be executed exactly that you should strongly consider engaging a local real estate attorney. Call us if we can assist you in the Fresno and Clovis, CA area with management, brokerage, or legal representation. 559-270-6776 or info@neighborhoodrei.com.
The process of eviction can be expedited. The challenge though involves doing everything exactly right. If the property manager/owner makes mistakes in serving an eviction notice, for example, the eviction case might be thrown out and the process, including the legal aspects will begin again.
Nonpayment of Rent
If the tenant doesn’t pay the rent when it’s due, the landlord can serve a notice that the rent is due and give the tenant a certain time (typically 3 Days) in which to pay. If the tenant pays the full amount in the time stated, there can be no eviction.
Fixing a Violation
In many states a property owner can give a resident a notice insisting that a specific violation of the rental agreement be resolved. The notice must clearly state the amount of time the resident has to correct the violation.
Unconditional Notice
In some states a notice may be served on a resident to move without any exceptions. In most places this can only be done if the resident has seriously violated the rental agreement or is breaking the law in their residence.
30-Day or 60-Day Notices
In most states a property owner can give an eviction notice for a tenant to move without giving any reason. The time allowed under state law for such a notice is usually 30 or 60 days, but it may be as short as 20 days or as long as 90 days. There are usually exceptions if the resident has lived in the unit for a long time, is a senior citizen or disabled, is receiving federal housing assistance, or if the reason for the eviction is a condo conversion. An owner can’t give this kind of notice to a resident with a lease until the lease period is over. Remember, some states or cities require owners to pay relocation expenses in some situations, like evicting a senior citizen or disabled tenants or for units that are being converted to condos.
While property owners can certainly file unlawful detainer actions on their own behalf in California, there are so many nuances and things that have to be executed exactly that you should strongly consider engaging a local real estate attorney. Call us if we can assist you in the Fresno and Clovis, CA area with management, brokerage, or legal representation. 559-270-6776 or info@neighborhoodrei.com.
RSS Feed
