Tenant Eviction Process In California - PowerPoint PPT Presentation

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Tenant Eviction Process In California

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The tenant eviction process in California is a long and tiring process that most landlord’s would like to forget about. In the case of having to handle a tenant eviction, you need to have a full understanding of all legal requirements under California jurisdiction. For more visit us : – PowerPoint PPT presentation

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Title: Tenant Eviction Process In California


1
How To Handle The Tenant Eviction Process In
California
www.goodmanmanagementteam.com
2
  • The tenant eviction process in California is a
    long and tiring process that most landlords
    would like to forget about. In the case of having
    to handle a tenant eviction, you need to have a
    full understanding of all legal requirements
    under California jurisdiction.
  • Most landlords will go to the best property
    management companies in Orange County CA to
    minimize the chances of this happening, but also
    to resolve the issue as swiftly as possible if a
    tenant eviction does happen.

www.goodmanmanagementteam.com
3
Stages of the Tenant Eviction Process in
California
  • Make sure you have legal grounds to evict your
    tenant
  • Personally contact your tenant
  • Eviction notice
  • Serve notice
  • File an unlawful detainer complaint
  • Request a court date
  • Court
  • The local sheriff takes control
  • Deal with the property tenant left behind

www.goodmanmanagementteam.com
4
Make sure you have legal grounds
Step 1
  • Go through all of your paperwork, especially the
    Landlord Tenant lease agreement and be absolutely
    sure you have the right to evict your tenant
    before doing anything else. This needs to be
    in-line with what is accepted by California law,
    therefore make sure you have sought some legal
    advice before going ahead to avoid a lawsuit in
    response.

www.goodmanmanagementteam.com
5
Personally contact your tenant
Step 2
  • Occasionally, a legal battle can be avoided by
    speaking with your tenant personally and
    attempting to resolve the situation. This is
    always worth doing, as it will save you a lot of
    legal fees, even if you hire a legal mediator to
    support you both in coming to a decision.

www.goodmanmanagementteam.com
6
Eviction notice
Step 3
  • To continue with the tenant eviction process in
    California, you must send a written notice to
    your tenant to inform them of how they violated
    the lease and how long they have to leave the
    property. This varies depending on the violation,
    so checking if this is in accordance with
    California legislation beforehand is recommended.

www.goodmanmanagementteam.com
7
Serve your notice
Step 4
  • You need to serve your tenant with the eviction
    notice in order for it to be valid. As many
    tenants preempt this happening, they try to avoid
    being served as an attempt at avoid eviction. The
    law has now extended this stage time in order to
    provide further options to serve tenants. This
    includes personally delivering a copy of the
    notice to the tenant or leaving it with a person
    over the age of 18 at the tenants workplace and
    mailing another copy to your tenant.
  • Give your tenant some time to try to resolve the
    situation before filing a lawsuit. This will help
    you to avoid a time and money consuming legal
    battle. However, if the tenant does not proceed
    to vacate your property, you need to go forward
    with legal proceedings.

www.goodmanmanagementteam.com
8
File an unlawful detainer complaint
Step 5
  • This is the part of the tenant eviction process
    in California where you could use the support of
    the best property management companies in Orange
    County CA. Once the time limit you have given
    your tenant has expired, you can proceed with a
    lawsuit. This process is done by filing a
    complaint at the courthouse. The court will issue
    a summon to the tenant. Tenant has 5 days to
    respond.

www.goodmanmanagementteam.com
9
Request a court date
Step 6
  • Once the five days have gone by, and your tenant
    has still not vacated the property, you have the
    right to request a court date which is usually
    held between 10 to 20 days from your request.
    Please note that during this time you cannot
    collect any rent payments from your tenant
    however they will still be liable to pay you for
    this.

www.goodmanmanagementteam.com
10
Court
Step 7
  • Make sure you bring copies of every legal
    document and form of communication between you
    and the tenant to this part of the tenant
    eviction process in California. On average,
    proceedings take about an hour but can go on for
    longer, if there are any delays. Make sure you
    have every piece of documentation, however
    irrelevant it seems.

www.goodmanmanagementteam.com
11
The Local Sheriff takes control
Step 8
  • The court will have the local sheriff serve a 5
    day notice to your tenants to vacate and if they
    do not, the sheriff has the authority to come and
    physically remove your tenants.

www.goodmanmanagementteam.com
12
Deal with the property tenant left behind
Step 9
  • You can sell these items or dispose them in some
    cases, but you need to check the tenant notice
    and rules of your local jurisdiction to ensure
    you are not liable for any of the tenants
    leftover possessions.

www.goodmanmanagementteam.com
13
FOR MORE INFORMATION
Gerry Goodman Real Estate Services 3239 E
Meadowridge Rd,Orange, CA 92867 Cell
(714)588-3338 Fax (714)282-2242Email
gerry_at_gerrygoodman.com http//www.goodmanmanageme
ntteam.com
  • www.goodmanmanagementteam.com
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