Murrieta Eviction Lawyer
If you happen to be a landlord, it is inevitable that at some point you may require the services of a Murrieta eviction lawyer. While it may be hard to fathom encountering issues with your tenants when everything is going smoothly, even the most cautious landlords can find themselves confronted with the harsh reality of evicting a non-paying tenant.
When faced with such circumstances, it becomes crucial to familiarize yourself with both your own legal rights and the rights of your tenant. A skilled Murrieta eviction lawyer can offer guidance throughout the legal process, ensuring that you take the appropriate actions at the right time, including the timely filing of necessary paperwork. This will help you regain possession of your property and recover the owed rent with minimal hassle.
This comprehensive guide aims to provide you with all the essential information about evictions, including the complexities involved in navigating through them.
The Murrieta Eviction Process
If you wish to initiate the departure of your tenants from a property in Murrieta, the initial step is to issue them a notice requesting their departure. In the event that they refuse to comply or fail to meet other obligations such as paying rent, the next course of action is to engage the services of your Moreno Valley eviction lawyer to file an Unlawful Detainer Lawsuit in Superior Court.
This legal action will position you as the plaintiff while your tenant assumes the role of the defendant. Subsequent legal procedures will swiftly unfold. A Summons and Complaint will be served to the defendant, who will have five days to respond. If they fail to do so, your case will be presented before a judge within 20 days for a prompt decision.
It is crucial to resist the temptation of taking matters into your own hands. Some landlords have resorted to changing locks or forcefully removing a tenant’s belongings, but such actions are unlawful. Failing to adhere to the legal process can result in legal repercussions for yourself.
Murrieta Eviction Notices
In order to initiate the eviction process, it is essential to properly serve the eviction notice. Failing to serve the notice correctly would infringe upon your tenants’ rights, and they would not be legally obligated to vacate the property. If the notice is not handled accurately, it can significantly complicate matters for you.
Before issuing the notice, it is advisable to consult your Murrieta eviction lawyer and have them review the wording. The law specifies specific guidelines that must be followed, taking into account factors such as the tenant’s duration of residency, the terms outlined in the rental agreement, the type of property, and other relevant considerations.
If any aspect of the notice is incorrect, it could inadvertently grant the tenant a legal right to prolong their stay at the property. That is why ensuring accuracy is crucial in order to avoid any such complications.
3 Day Notice to Pay Rent or Quit
Introducing the 3-Day Notice to Pay Rent or Quit, a notice that effectively serves its purpose. This notice provides your tenant with an additional three days to either settle their overdue rent or vacate the Murrieta property, thereby terminating their rental agreement.
Your objective in this situation is either to collect the outstanding rent or to remove the tenant from the property, allowing you to find a new tenant who will fulfill their payment obligations. As soon as the tenant fails to pay the rent, you can serve the notice promptly, except on court holidays or weekends, in which case you may need to wait a little longer.
Once the notice has been served, the three-day period begins, during which the tenant must comply with the terms specified in your demand.
Ensure that the following details are included in your notice:
- The precise amount of rent that is owed (excluding additional bills or fees)
- Your name, address, and telephone number, or the contact information of the designated payee
- Your availability if an in-person payment is expected, or banking details if payment via bank transfer is preferred
The 3-Day Notice can also be utilized for addressing other violations besides non-payment of rent. For instance, if you discover that the tenant has kept a pet on the property in violation of the rental agreement, a similar approach can be applied. If you intend to use the notice for such purposes, be sure to focus on the specific violation and outline the steps expected for its resolution, rather than emphasizing overdue rent.
30 Day Notice to Vacate in Murrieta
Now, let’s explore the 60-Day notice and its appropriate usage. Your Murrieta eviction lawyer will provide guidance on your available options, but generally, a 60-Day notice is utilized when the tenant does not meet the criteria specified in the 30-Day notice.
However, there is an exception to this rule, specifically regarding property sales. If you are evicting the tenant for the purpose of selling the property, you might be able to revert to a 30-day notice, but certain conditions must be met:
- The sale of the property has been legally agreed upon.
- The funds for the sale are in escrow, and no more than 120 days have passed since they were placed in escrow.
- The new owner genuinely intends to reside at the property for a full year following the sale.
To calculate the notice period, you can apply the same rules as described for the 30-Day notice. Everything remains the same, including the requirement for the notice to conclude on a business day.
Section 8 Eviction Notice in Murrieta
In cases where your tenants are deemed to be more vulnerable and have been benefiting from subsidized housing under Section 8, it becomes crucial to provide them with sufficient time to secure alternative accommodations. Consequently, a 90-Day Notice must be employed instead of a shorter notice period.
The calculations for the notice period follow the same procedure you are now familiar with. However, it is essential to refrain from making any alterations to the tenancy after serving the notice. Some landlords have attempted to increase the rent, for instance, but such actions would be both unfair and illegal.
It is highly advisable to have a Murrieta eviction lawyer readily available to ensure that your tenants vacate the premises within the specified timeframe. If they fail to do so, you will need to proceed with enforcing the eviction through a legal lawsuit.
How to file an unlawful detainer in Murrieta
The subsequent step involves enlisting the services of your Murrieta eviction lawyer to initiate an Unlawful Detainer Lawsuit, as mentioned earlier in the process. Approximately half of the cases tend to proceed uncontested, meaning that the tenant does not respond to the lawsuit. In such instances, the Sheriff will issue a 5-Day Notice to Vacate, which will be posted on the front door of the property, concluding your involvement.
It is important to note that attempting to intimidate or forcefully evict the tenant yourself can result in significant consequences. You may face fines of up to $200 per day and could be held liable for any damages that may occur, such as if the tenant’s belongings are left outside the property. It is imperative to adhere to the proper legal process to avoid such penalties and liabilities.
Murrieta Courthouse Info
30755 Auld Rd
Murrieta, CA 92653
(951) 704-7634