How To Evict A Tenant In California – Legally And Fast!
What every landlord must know about evicting unwanted tenants as quickly as possible to cut your losses
You’ve come to the right people because Fast Eviction Service can definitely help you – especially if you want to evict someone fast!
The first step is to serve the tenant with the correct notice. Serving the right notice and serving it correctly are critically important for avoiding delays. We can prepare a notice for you the same day you call.
The notice being served establishes the time frame in which the process will proceed.
If tenants are served with a 3 Day Notice to Pay or Vacate, and if they don’t pay, the eviction process in California can start on the 4th day. If they are doing criminal activity a 3 Day Notice to Vacate is also served.
If you serve a 30 or 60 Day Notice to Vacate their tenancy, once that notice expires the eviction process can then proceed after that time. You don’t need to file a new notice. You simply file the case with the court at that time.
After the expiration of the notice and the legal proceedings begins, the process of evicting a tenant can take anywhere from 30 to 90 days.
Avoiding The Most Common Eviction Mistakes Landlords Make That Cost You Time, Frustration – And More Money!
- Accepting any form of payment from the tenant or defendant during the eviction process
- Landlords mistakenly believing they must keep re-serving a notice during the eviction procedure. Re-serving a notice ends the case because the new notice supersedes the notice already filed which is the basis of the complaint
- Entering the property without first serving a twenty four hour notice
Turning off a delinquent tenant’s utilities if the utilities are in the owner’s name
- Throwing away belongings after the property is vacant instead of complying with the legal requirements of fifteen days for personal property to be reclaimed
Any of these common mistakes made evicting someone during the eviction process can and will be used against you – and may result in your case being dismissed in court.
For example, tenants have a right to privacy. An owner should not enter someone’s residence in California without first giving a 24 hour written or verbal notice. Not respecting tenant’s rights in this manner can negatively impact your case. Landlords may however, enter a residence under emergency situations such as a water or gas leak.
Tenants Have Many Defenses They Can Use
Tenants when threatened with eviction become very tenacious contesting their right to remain in the property. Tenants have many defenses and free legal help available to them. They frequently claim that the eviction notice was not the proper notice or it wasn’t served correctly – or both. Renters will also frequently try to raise some wrongdoing by the landlord to deflect attention from themselves. Anything a landlord does which does not fully comply with the law gives the tenant the opportunity to raise issues to get your case thrown out of court and continue to stay in your rental properties.
Although over ninety percent of evictions in California are mistake-free, other factors can sometimes hinder a case. When someone complains about habitability issues that are critical to be fixed, the landlord cannot ignore those requests because they feel the tenant already owes them money.
Work With A Competent Eviction Attorney
Understanding that there are common pitfalls and crucial mistakes is why it is so important to work with a competent attorney who knows the law to prevent your case from being thrown out of court. We can do this the fastest for you because landlord / tenant law changes daily and monthly. We are aware of the law to make sure you are staying on top of the latest changes and your case proceeds without delay.
Anything that comes out of our office is done within a twenty-four hour time period. After that time we are waiting upon the courts and waiting upon the sheriffs.
Fast Eviction Service knows how to evict someone legally and fast by helping you build a strong case, making sure your records are in order and that work orders performed on the property are in place before beginning the process. We would always suggest that you keep a log of what rent payments were made, so if the tenant chooses to contest the eviction process, you have the records to support your claim.
Anything a landlord can do prior to starting an eviction to make sure they have a strong case will make the case go a lot smoother. For example, taking pictures of vacancies before tenants move in creates a record of the condition of the property prior to their occupancy. Be in possession of your work orders to show due diligence regarding maintenance of the property is important.
Once your case gets in our hands we are going to act on it as quickly as we possibly can.
What are Landlord Rights?
Define Eviction, Unlawful Detainer
What are the Reasons for Eviction?
What is the California Eviction Process?
What is an Eviction Notice & How Many Days Notice?
How to Serve & File an Eviction Notice
How Long Does it Take to Evict a Tenant?
How Much Does it Cost to Evict Someone?
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Tenant eviction involves many legal details. You first have to properly serve the correct notice and give the tenant time to respond. If they do not, then a case has to be filed in court with an eviction notice and request a hearing. If as a landlord you miss out on any details, the judge may rule the case in favor of the tenant and you have to start the process over again costing more time and money. Read More…