Tenant eviction will occasionally needed to be dealt with landlords. It’s an undesirable aspect of the business that causes stress for everyone concerned, which is why it’s crucial to thoroughly vet prospective renters in order to look for any history of eviction or rent arrears. You could wish to evict a renter for a variety of reasons, including nonpayment of rent, a violation of your rental agreement, or some sort of criminal behavior.
This tutorial is for you if you have a problematic renter and have tried everything else to evict them (even offering cash in exchange for the keys).
Tenant Eviction definition
The legal procedure by which a landlord evicts a tenant from a rented property is known as an tenant eviction. Being on either side of a tenant eviction may be an emotionally draining experience, therefore it’s crucial for you as the homeowner to remain composed at all times. Remember that your tenant may lose their home as a consequence of the eviction procedure, which is not something that should ever be handled lightly, even though it has a negative impact on your rental property.
The truth of tenant eviction procedures for the majority of property owners is that they may be sluggish and tiresome, expensive in both time and money (court expenses don’t pay themselves!).
Step:1 Learn Your Local Landlord-Tenant Laws First
Consult your state’s and city’s renter protection regulations as soon as you’re prepared to file a tenant eviction complaint against a tenant. Any action a landlord takes to evict a tenant outside of the permitted, legal ways specified in state and municipal regulations is known as a self-help eviction, and that is not the suggested course of action.
In California, if a tenant violates a condition of their lease agreement, such as keeping a pet in violation of a no-pet policy, the landlord is required to provide the tenant with a three-day notice to either remedy the issue or vacate the property. Failure by the tenant to comply with the notice within the stipulated three days may lead to the landlord filing a lawsuit against the tenant.
Process of Eviction by State
State-by-state variations exist in eviction legislation and tenant rights. You make sure you’re operating within your rights, be sure to carefully learn and comprehend the laws of your own state and locality. Usually, visiting the official website of your city’s administration will yield these statutes.
The Residential Tenant and Landlord Protection Act (URLTA)
The URLTA was created in the middle of the 1970s and amended in 2015 with the goal of defining and clarifying tenant and landlord duties at the federal level. Although it is not required, the majority of states have adopted at least some of the URLTA.
The URLTA mandates that landlords must, among other things:
- Observe all construction regulations.
- Make necessary repairs to the structure to keep it in excellent shape.
- Set up bins for garbage and recyclables
- Provide heat and hot water
- Upkeep of the electrical and plumbing
- Keep the place clean and safe
In exchange, tenants are expected to
- Observe all building regulations regarding security and safety.
- Eliminate trash and debris from the rental
- Keep the rented property tidy.
- Utilize devices in a responsible manner.
- Maintain plumbing fittings as thoroughly as possible.
- Not willfully damage or destroy anything on the premises
- They must behave in a secure and tranquil manner.
The URLTA is a great place to start to understand the general obligations and rights of tenants and landlords throughout a tenancy, as required by many states.
California has specific laws that regulate the eviction process for landlords and tenants. These laws are outlined in the California Civil Code and the California Code of Civil Procedure.
Some of the key laws that define tenant eviction in California include:
- Notice Requirements: Landlords are required to provide tenants with a written notice of eviction, which includes the reason for the eviction and the date by which the tenant must vacate the premises.
- Unlawful Detainer Lawsuits: If a tenant fails to vacate the premises after receiving a notice of eviction, the landlord can file an unlawful detainer lawsuit to obtain a court order for the tenant’s eviction.
- Just Cause Eviction: In certain cities in California, landlords are required to have a just cause for evicting a tenant, such as failure to pay rent, violation of the lease agreement, or a breach of the rental agreement.
- Retaliation Protection: Landlords are prohibited from retaliating against tenants who exercise their legal rights, such as filing a complaint or joining a tenant union.
- Eviction Moratorium: During times of crisis, such as the COVID-19 pandemic, California may implement an eviction moratorium to protect tenants from being evicted for non-payment of rent or other reasons.
It is important for both landlords and tenants to understand their rights and responsibilities under California law when it comes to eviction. It is recommended that landlords and tenants seek legal advice from a qualified attorney or legal aid organization for specific questions about eviction laws in California.
Step 2: Review Your Rental Lease Agreement
Familiarize yourself with the terms outlined in your lease after understanding your rights under state rental laws. Ensure the lease specifies rent due dates, security deposit details, and late rent consequences.
Valid Reason Needed for Tenant Eviction
Eviction is a complex process that involves removing a tenant from their home. Hence, it requires a legitimate reason. Terminating the lease agreement is justified if the tenant repeatedly breaches its terms. Common grounds for eviction are:
- Failure to pay rent
- Property damage
- Keeping unauthorized pets
- Subleasing without permission
- Engaging in illegal activities on the premises.
Maintain Landlord Obligations
Despite a tenant’s non-payment of rent or property damage, landlords must fulfill their responsibilities under landlord-tenant law. Not only is it a legal requirement, but it can also benefit you in court by demonstrating that you provided a suitable living environment.
You may opt for an out-of-court settlement and terminate the lease in exchange for the tenant’s departure, but you must still supply utilities and protect their right to peaceful occupancy until they leave the property.
Post a tenant eviction notice in Step 3
The next stage in evicting a renter is to notify them in writing of your intention to do so. The notification should include a date and a list of your requests. Any property management starting eviction proceedings must give the tenant sufficient notice, and that notice must be issued by certified mail so that the tenant cannot dispute receiving it.
Notices for Rent Payment, Compliance, or Vacate
There are several types of eviction notices, each suited for a specific situation and outcome. The most frequently used ones are:
- Rent Payment Notice: This informs the tenant to pay overdue rent within a specified period (usually a few days) or vacate.
- Compliance Notice: This requires the tenant to stop violating the lease agreement, such as keeping unauthorized pets or unauthorized occupants, within a specified period. If they fail to comply, they must vacate.
- Vacate Notice: This gives the tenant a deadline to vacate the property, without any option to pay rent or correct lease violations.
How to Write an Tenant Eviction Notice
Eviction notices should be short and to the point. They should summarize the reason(s) for eviction, total damages and rent owed (if any), a timeframe for complying with demands, and when the tenant will be evicted if they do not comply with the demands.
You can usually find state-specific eviction notice templates on government websites, or you can take a look at our fillable templates for landlords. Make sure to consult your state laws before posting the eviction notice, as many states require a certain amount of time between the initial posting and official filing with the district court.
Step 4: Launch the court-based tenant eviction procedure
You are prepared to file your case with the local courts once you have posted the eviction notice and waited the required period of time in accordance with state legislation.
Dispute eviction cases in your local courthouse.
Head to your local courthouse to talk with a court clerk after gathering your documents (including the lease agreement, evidence of lease breaches, and a copy of the eviction notice). The clerk will assist you in processing the formal paperwork and will set a date for your court appearance before the judge. Your tenant will also get a summons from the clerk requiring their attendance at the hearing.
Eviction Hearing in Court
A court hearing for eviction typically takes place within 1-2 months of filing the case. To strengthen your argument, gather as much evidence as possible, such as lease violation records, emails, texts, photos of damage, and bank statements. Landlords can either represent themselves or hire a real estate lawyer to speak on their behalf.
In court, landlords may also present witnesses, such as other tenants affected by the tenant’s disruptive behavior. After hearing both sides, the judge will issue a ruling on whether the tenant will be evicted or if they can stay after paying rent and damages. In some cases, the judge may suggest mediation to resolve the issue.
Step 5: Recovering Property After Tenant Eviction
The judge will probably decide in your favor if you have a compelling cause to evict a renter and show evidence against them in court. Making sure the renter vacates your rental home is the final stage in the eviction procedure.
They will designate a date for the compulsory move-out when the judge has made a decision about the eviction. This usually occurs a week or so after the hearing to give the tenant time to find alternative housing. Once more, the property management must fulfill their end of the bargain and won’t be permitted inside the rental until the renter has left the premises completely.
Once a judge orders eviction, the landlord may request law enforcement support from the local sheriff’s office on the move-out day to ensure a smooth process, especially if the tenant may resist leaving.
Past-Due Rent and Property Recovery
The landlord will be given complete access to the rental property to clean the unit and replace the locks once the tenant has completely vacated it. By the time the renter vacates, you may or may not have received payment for past-due rent, depending on your state. In some states, you can file a lawsuit for compensation concurrently with the eviction hearing. In some areas, you might have to file a second small claims action against the evicted renter in order to get your money back for past-due rent.
To prevent future eviction challenges, screen new tenants through background checks. This helps reveal past evictions or criminal history that might indicate potential problems on your property. If a tenant proves problematic, consider reporting them to credit bureaus to alert future landlords.
In conclusion, the guide on tenant eviction law in California is a comprehensive resource that provides an understanding of the legal process of evicting tenants. It covers the grounds for eviction, notice requirements, court procedures, and tenant defenses, among other important aspects. It is imperative for both landlords and tenants to be familiar with these laws to avoid any legal disputes. However, it is also important to note that these laws are subject to change, so seeking the advice of a local attorney for the most recent information is highly recommended.