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What you should know about the residential eviction process

On Behalf of | Jun 13, 2022 | Uncategorized |

There has been a long-time moratorium on evictions for businesses that manage residential rental properties. That moratorium is either ending or nearing an end soon in most cases. When that happens, there will likely be an increase in evictions. Here’s what you should know when pursuing eviction for a residential rental.

You must notify the tenant in most cases

There are primarily two reasons that you may evict a person in California. One is for lease violations; the other is non-payment. In either case, you would need to notify your tenant that you will pursue eviction. One type of notice you may give is a “Perform or Quit” notice, typically a short period to demand back rent or move out or fix a lease violation.

If they fix the stated problems in that time, they have every right to remain.

You will have to file a unique type of lawsuit to get an eviction

Eviction lawsuits in California are called “unlawful detainers.” They are the legal mechanism by which landlords can evict a tenant. You cannot file for an unlawful detainer until you’ve notified the tenant. However, there are exceptions for tenants that:

  • overstays a “fixed-term” lease
  • does not move out after informing you they will
  • takes tenancy as part of their compensation as your employee

If any of the three conditions above is true about your resident, you do not have to wait to file an unlawful detainer.

Retaliation can work against you.

If you take any kind of extra-legal action to pressure, shame or otherwise “solve” your eviction issue, you can be in serious legal jeopardy. Likely, the act of retaliation will be a reason that you will lose your unlawful detainer.

Find a skilled eviction attorney.

The most effective strategy for evictions is always to have a clear, thoughtful legal footing. You can only gain that by building a relationship with an attorney skilled in real estate law.