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What should I know when evicting a tenant?

On Behalf of | Apr 27, 2020 | Real Estate Litigation

No landlord looks forward to evicting a tenant. The legal process associated with eviction costs both money and time, especially if the tenant disputes your claims. You will also need to find a new tenant to occupy the property, and it can take time to find an ideal candidate. 

However, there are times when eviction is unavoidable. If you are not making any headway with tenant relations and losing money on your investment in the process, it is important to pursue eviction in the appropriate manner. Here are a few things to keep in mind when dealing with a tenant dispute. 

Reasons for eviction in California 

According to the Judicial Branch of California, certain situations permit a landlord to legally pursue the eviction process. Illegal activities on the property are a pretty obvious violation of one’s lease agreement, but there are also lesser actions that violate the lease. For example, keeping pets on the property when prohibited can result in an eviction. Causing damage or making major renovations may also be considered a violation depending on what is contained within the lease. Late or missed rent payments are another common reason that landlords seek eviction. 

Steps to take when pursuing an eviction 

The tenant must be notified prior to legal action being taken. The notice should be detailed as to the reason you are pursuing eviction. Next, paperwork must be filed at the appropriate court for your jurisdiction. The tenant will have a certain period of time in which he or she can respond or vacate the property. If your claims are disputed or the tenant fails to respond, you can then request a court date. At court, the judge will hear both sides of the case and render a decision. If the decision is in your favor and the tenant still refuses to move, a sheriff will assist you.