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What do I need to do to evict a commercial tenant?

On Behalf of | Aug 27, 2019 | Firm News

The basic steps to evict a tenant in California remain the same whether that tenant is commercial or residential. As the landlord, it is essential that you follow the right steps or you could face legal issues with getting the tenant removed from the property. Luckily, the steps you must take are pretty straightforward and follow a general timeline.

The California Courts explains the first step you must take is filing a notice that gives the tenant a certain number of days to vacate the property. The amount of time depends on your situation, but you can file this as soon as rent is late according to the lease. You must wait for the tenant to respond to the notice. If there is no response, you will file a complaint with the court and serve the tenant with it.

At this time, you will have to provide the court with proof that you served the tenant. You will then wait the appropriate time for a response.

If the tenant does not leave your property or respond via the court, then you can file a case with the court to evict the tenant. You can ask the court for a default judgment, which simply means you are asking the court to tell the tenant he or she must get out now. You may have to go to a hearing as well to show your evidence against the tenant.

If the judge finds in your favor, you will then be able to get a Writ of Possession, which says you have the legal right to the property. The Sherriff will post a notice the tenant that he or she must get out of the property by a specific date. Upon that date, the sheriff can remove the tenant and you take possession of the property. This information is for education and is not legal advice.