Title: Tenant Eviction Process In California
1How To Handle The Tenant Eviction Process In
California
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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.
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3Stages 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
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4Make 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.
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5Personally 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.
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6Eviction 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.
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7Serve 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.
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8File 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.
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9Request 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.
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10Court
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.
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11The 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.
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12Deal 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.
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13FOR 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