Victorville Eviction Lawyer
Whether you find yourself as a landlord, there may come a time when you require the services of a Victorville eviction lawyer. While it may be challenging to envision encountering difficulties with your tenants during smooth times, even the most vigilant landlords can confront the harsh reality of having to evict a non-paying tenant.
When confronted with such a situation, it becomes crucial to comprehend both your legal rights as a landlord and those of your tenant. In such instances, seeking the assistance of a knowledgeable Victorville eviction lawyer can prove invaluable. They can offer guidance through the legal system, ensuring that you take the appropriate actions at the necessary junctures. From filing essential paperwork to reclaiming your property and recovering owed funds, the lawyer’s expertise minimizes complications and streamlines the process.
Within this comprehensive page, you will discover a wealth of information regarding evictions and gain a clear understanding of why navigating through them can be exceptionally challenging.
How do you evict a tenant in Victorville?
When desiring the departure of tenants from a property in Victorville, the initial course of action is to issue them a notice requesting their vacating. If they fail to comply or fulfill other obligations, such as paying overdue rent, the subsequent step involves engaging your Victorville eviction lawyer to proceed to the Superior Court and file an Unlawful Detainer Lawsuit.
By taking this course of action, you assume the role of the plaintiff in a lawsuit against your tenant, who will subsequently become the defendant. From that point onward, the legal process will proceed promptly. The defendant will be served with a Summons and Complaint and given a five-day period to respond. Failure to do so will result in a court appearance before a judge within 20 days to have your case heard, followed by a swift decision.
You shouldn’t try to handle matters on your own. Some landlords have been known to unlawfully change locks or forcefully remove a tenant’s belongings, but engaging in such actions is strictly prohibited. It is essential to adhere to the legal process to avoid encountering trouble and potential repercussions. Failing to follow the appropriate legal procedures may lead to complications and legal consequences for yourself.
How do I serve an eviction notice in Victorville?
Initiating the eviction process entails serving the eviction notice as the first step. Neglecting to serve this notice would violate the rights of your tenants, and they may not have any obligation to vacate the premises. Failing to serve the notice correctly can greatly complicate matters for you.
It is advisable to have your Victorville eviction lawyer review the wording of the notice before issuing it. The law stipulates specific guidelines that must be followed, taking into account factors such as the duration of the tenant’s residency, the provisions outlined in the rental agreement, the property type, and similar considerations.
Any inaccuracies in the notice could inadvertently grant your tenant a legal entitlement to remain on the property for a longer duration. That is why ensuring accuracy is of utmost importance.
3 Day Notice to Pay Rent or Quit Notice in Victorville
Introducing the essential document that serves its purpose precisely: the 3 Day Notice to Pay Rent or Quit. This notice grants your tenant an additional three days to either fulfill their overdue rent payment or vacate the property, thereby nullifying their rental agreement.
Your objective in this scenario is to either recover the owed rent or remove the tenant from your Victorville property, allowing you to rent it to a reliable individual. Once the tenant fails to pay rent, you can promptly serve the notice, excluding court holidays or weekends, which may require a slight delay.
Following the service of the notice, the three-day period commences, during which your tenant must adhere to the terms of your demand.
Ensure that the notice includes the following details:
- The precise amount of rent owed, without incorporating other accumulated bills or fees.
- Your name, address, and telephone number, or the contact information of the designated recipient for payment.
- Your availability if an in-person payment is anticipated, or banking details if you prefer payment through bank transfer.
Furthermore, the 3 Day Notice can also be employed for addressing other violations beyond non-payment of rent. For instance, if you discover that your tenant has unlawfully kept a pet on the property contrary to the rental agreement, a similar approach may be applied. If you intend to utilize the notice for this purpose, emphasize the violation at hand and outline the expected resolution instead of focusing solely on the overdue rent.
30 Day Notice in Victorville
If your tenant’s duration of occupancy is less than a year, with a month-to-month tenancy agreement, you can utilize a 30 Day Notice to Vacate or Quit. However, there are exceptions to consider, so refer to the following section to determine whether a 30 or 60 Day notice is appropriate.
According to Victorville law, serving a written notice is mandatory, but you are not obligated to provide a reason for terminating the lease this time. It is important to note that if you are engaged in an ongoing dispute with the tenant, they may have grounds to contest the eviction. By law, you cannot evict someone based on discriminatory or retaliatory reasons. Disliking a tenant alone does not justify their eviction.
Ensure that you do not accept any rental payments that cover the notice period. If you do, the notice will be deemed invalid, and you will have to restart the process. If the tenant submits a payment, promptly return it as soon as possible.
To calculate the 30-day period, begin counting from the day after you have served the notice. You can include weekends and holidays until you reach the end of the notice period. However, the final day of the notice must be a business day. If it falls on a non-business day, the tenant has until the next available business day to complete their move-out process.
Victorville 60 Day Notice
Now, let’s explore the 60 Day notice and its relevance. Your Victorville eviction lawyer will offer guidance on your available options, but generally, the 60 Day notice is employed when your tenant does not meet the requirements outlined in the 30 Day Notice.
However, there is an exception to this rule specifically pertaining to property sales. If you are evicting tenants in order to sell the property, you might be eligible to revert back to a 30-day notice. This exception applies only if the following conditions are met:
- The sale has been legally agreed upon.
- The funds are held in escrow, and it has not been more than 120 days since they were deposited.
- The new owner genuinely intends to reside at the address for a full year after the sale.
To calculate the notice period, you can utilize the same guidelines mentioned under the 30 Day Notice. All the rules remain the same, including the requirement for the notice to end on a business day.
Victorville 90 Day Notice for Section 8 Tenants
If your tenants are judged to be more at risk, they may have been receiving a subsidized tenancy under Section 8. In this case, it is obviously important to give them enough time to find another place to stay. This is why a 90-Day Notice must be used instead of a shorter period.
The calculations are made in the same way that you will by now be used to, but you must make sure not to try to change anything about the tenancy after serving the notice. Some landlords have tried to raise the rent, for example, but this would be unfair and illegal.
Make sure that you have a Victorville eviction lawyer on hand to ensure that your tenants do move out on time. If they do not, you will need to enforce the eviction with a lawsuit.
How to file an unlawful detainer for Victorville tenants
The subsequent step entails enlisting the assistance of your Victorville eviction lawyer to initiate the filing of an Unlawful Detainer Lawsuit, as mentioned earlier. In approximately half of all cases, the tenant tends not to contest the lawsuit, resulting in an uncontested scenario. In such instances, the Sheriff will issue a 5-Day Notice to Vacate, posted on the front door of the property, and your responsibilities in the process will be fulfilled.
It is crucial to note that attempting to intimidate or forcibly evict your tenant on your own can lead to severe consequences. Violating tenant rights in such a manner may result in fines of up to $200 per day. Additionally, you may be held accountable for any damages that may occur, such as if you leave the tenant’s belongings outside the property.
How do residential evictions work for Victorville?
Having acquired all the essential information regarding residential evictions in Victorville, it becomes evident how the process can become immensely perplexing without the guidance of a competent eviction lawyer. It is crucial to emphasize the importance of respecting the rights of your tenants to prevent encountering legal complications.
Taking matters into your own hands will not be rewarded by the courts. However, it is worth noting that the courts understand your desire to regain access to your investment promptly. Consequently, they strive to expedite and streamline the process as much as possible, considering the circumstances.
Victorville Courthouse Information
Superior Court of California – County of San Bernardino
14455 Civic Dr.
Victorville, Ca 92392