An eviction case isn’t just time-consuming; it also carries the risk of legal errors that anyone could make. Whether intentional or accidental, illegal actions by landlords can result in penalties and damage your reputation. Fortunately, these issues are entirely avoidable as long as you understand how to properly handle the eviction process.
Key Highlights
- Follow the proper eviction process by providing an eviction notice, starting the eviction case, going to trial, waiting for the judge's decision, and acting accordingly to the outcome
- Familiarize yourself with the basic landlord-tenant laws before evicting a renter. When in doubt, consult a lawyer for legal advice
- Landlords should not take evictions into their own hands, as it is illegal to evict a tenant without a court order
Following the Eviction Process Legally
You won't have to worry about an illegal eviction if you follow the process to a tee. The following is a step-by-step guide to handling evictions in San Diego.
Provide an Eviction Notice
The legal eviction process begins with a proper notice, which prompts the tenant to correct their violations, such as past unpaid rent, property damage, or other lease violations.
A month-to-month tenancy requires you to provide a three-day written notice for past due rent, fixing a problem, or moving out. However, a 30 or 60-day notice is needed when you intend to terminate a rental agreement for tenancies that are under or over a year, respectively.
Start the Court Case
If the tenant fails to pay rent or correct the stated issue by the deadline, you can complete the necessary court papers to initiate the court process. Be sure to have the required documents ready, such as the lease or rental agreement, a copy of the eviction notice, proof that the tenant was provided with written notice, and documentation of their violation, such as rent receipts.
Fill out the following court forms:
- Summons - Unlawful Detainer-Eviction
- Complaint - Unlawful Detainer
- Plaintiff’s Mandatory Cover Sheet and Supplemental Allegations – Unlawful Detainer
- Civil Case Cover Sheet
Ask for a Court Date
Your tenant will have 10 days to respond if the Summons and Complaint are served personally, and 20 days if they are sent by another method. If the tenant fails to respond, the landlord wins by default. If they respond, you can then ask for a court date.
There are instances when the tenant decides to fight the legal action. In that case, hiring an attorney will be your best option. There are several local and state laws you might not know about, and a legal defense will up your chances of winning the case.
Go to the Trial
The judge will hear both sides of the story. This will determine whether the landlord has a valid reason for the eviction action and if the tenant needs to vacate the rental property. Property owners need to prepare their evidence to present in housing court.
When in doubt, ask for legal advice from a real estate attorney. Many landlords, especially those new to the industry, seek professional advice to avoid missing a step.
Wait for the Judge's Decision
After the trial, there's nothing left to do but wait for the court's decision. You may only evict a tenant legally if you win the case. The judge will sign a Judgment of Possession, and the tenant may be required to pay back rent, actual damages, penalties, court costs, and other fees.
Provided that you win the case, you will need to sign the Judgment - Unlawful Detainer form to evict the tenant, or the Writ of Execution to give the sheriff permission to remove the tenant from your home if they fail to leave after five days.
Clean Out the Rental Unit
When cleaning out the rental property and some of the tenant's personal property has been left behind, you are required to provide 18 days for them to collect their things. If a landlord attempts to dispose of or sell the items without a court order, penalties will be incurred.
Knowing Tenant Rights
You don't have to know every landlord-tenant law to be legally compliant. That's what professionals like property managers and lawyers are for. Just be sure that you have legal grounds and aren’t engaging in a wrongful eviction. Some of the most common illegal eviction practices or tenant rights violations are caused by:
- Self-Help Evictions: Landlords cannot evict a tenant without going through the proper eviction process and obtaining a court order.
- Fair Housing Violations: The Fair Housing Act prohibits landlords from evicting tenants based on their race, color, sex, national origin, marital status, or disability.
- Failing to Return the Security Deposit: Once the tenant has been evicted, you are required to return the full or remaining deposit. If you made deductions for missed rent payments or property damage, you must provide an itemized list of the costs.
- Retaliation: You cannot evict a tenant solely because of their behavior, such as filing complaints about you. The same applies to increasing rent and refusing to make necessary repairs.
Avoiding Evictions
The best way to avoid illegal evictions or lawsuits is by preventing them altogether. It's a win-win situation, as both the landlord and tenant avoid the tedious process of an eviction case, and you may save on turnover costs.
- Offer a Payment Plan: Some tenants will occasionally fall on hard times and may need a bit of assistance to pay their rent. Providing a payment plan that allows them to make small, manageable payments over time can help cover the full amount of overdue rent.
- Cash for Keys: Some landlords simply pay the tenants to leave the rental property to avoid eviction. They won't have to complete their lease term, and you can avoid waiting weeks or months for an official eviction order.
- Refer to a Rental Assistance Program: There are several rental assistance programs in San Diego, CA, and the renter's circumstances may make them eligible for one.
Leave the Law to the Experts
Evictions are difficult for a plethora of reasons. Other than the tedious and lengthy process, missing one crucial law can have dire consequences for you. Let a professional, like a property manager, handle it for you.
Companies like Harland Property Management possess the expertise to handle property and legal matters efficiently, ensuring property owners remain legally compliant. Even better, we will provide you with effective property management to avoid evictions altogether!
Contact us today, and we can discuss how we can make this a reality for you.
