Tenant Evictions

Tenant Evictions

Do you have problem tenants in your Silicon Valley rentals?  Are you finding new surprises every month?

Well, you are not alone.  No matter how carefully you conduct tenant screening there are some tenants which won’t be a good fit which can leave to evictions. But  evictions are never simple or fast.  If you don’t currently have a professional property manager, there are some important things to consider before throwing your tenants’ furniture to the curb.

But 1st things 1st.  Let’s examine the grounds you might have for evitions.

Deadbeats:  Failure to pay rent is one of the most common reasons for eviction.   Most  States have detailed procedures that landlords must follow.  Because State housing statutes often place the interests tenants ahead of landlords, it is critical to follow eviction procedures to the letter to avoid any complications.

In most states, you must give tenants “Notice to Pay Rent or Vacate.” If the tenant fails to pay rent during a legally determined time period, then a landlord must file an “Unlawful Detainer” action. The tenant has the option of fighting this action.  But if the tenant doesn’t defend against this action or fails to appear a default judgment would be granted. If the tenant fights the action, a hearing is held to review both sides of the dispute.

If a judgment is eventually granted against the tenant, and the tenant still refuses to move out, the court will issue a “writ of restitution” which the local Sheriff will post to the tenant’s front door. If the tenant hasn’t moved out by the time specified in the writ (normally three days), the landlord is free to take possession of the rental and remove the tenant’s property.

However, California laws require landlords to store the personal belognings of their tenants for at least 30 days to allow them time to collect them.  cal laws may require that this be done under the supervision of a sheriff.

Contact Us if you need help with a difficult tenant.