Eviction is not a topic that rental property owners enjoy thinking about. The process can be complicated and time consuming and even the slightest mistake can be expensive. Our eviction rate at RentSimpli is less than three percent, but we know there are times that it becomes necessary — and we’re prepared for it.
RentSimpli is a full-service, residential property management company serving San Diego and Riverside Counties, including a specialty focus in the Temecula Valley and Murrieta areas. Today, we’re sharing some tips on how to get through the eviction process in California, and why it’s important to seek professional help if eviction becomes necessary.
Three Day Notice to Pay or Quit
Your lease should have a specific and enforceable rent collection process. Tenants need to know how much rent is due, when it’s due, and how it should be paid. Your lease agreement must also reference any grace period that’s given as well as any late fees and the type of any additional consequences that come into play in the event that rent is late.
After the grace period has expired and rent is officially late, the first step any landlord needs to take is to complete and serve a Three Day Notice to Pay or Quit. This officially informs the tenant that rent has not been paid, and that they have three days to catch up with the payment or vacate the property.
In our experience, tenants typically make a timely payment after they have received this notice because they don’t want the eviction to escalate any further. If we don’t hear from the tenants or receive a payment over the course of the next three days, we get Owner approval to hire a specialty eviction service with reputable and experienced attorneys to take over on their behalf. The eviction attorneys then file their own notice and take the matter to court.
Filing for an Unlawful Detainer
If the tenants continue to be unresponsive, the eviction attorneys will file the necessary unlawful detainer lawsuit in court. The tenants will be served with a summons and complaint, and a court date will be set. On the scheduled date, we accompany the attorneys to court with all the necessary documentation and receive a judgment for eviction.
When you go to court, make sure you bring a copy of your signed lease, a copy of the Three Day Notice, and any accounting or financial records that show the unpaid rental balance. You’ll also need any other communication that occurred between you and your tenants.
Working with Eviction Professionals
It’s certainly possible for owners to handle their own evictions, but we don’t recommend it. The law can be complicated, and the detail required in the legal forms and the court actions can be overwhelming. Evictions are stressful even on a good day, so unless you know what you’re doing and you have experience with your local courts, working with professional eviction attorneys is the right thing to do.
At RentSimpli, we manage the process for our owners, and we ensure we’re communicating every new development along the way. Everything is done legally and in full compliance with California law. We don’t charge our clients for the time we spend evicting a tenant.
If you have any questions about the eviction process or you’d like our help removing a tenant who isn’t working out, please contact us at RentSimpli. We’d be glad to help.