One of the toughest parts of being a property manager is telling a tenant that he has been evicted and must leave the property. In some cases, it may be that things are not going well with the tenant, but you will have no choice than to send him packing.
When a tenant fails to pay his rent by the due date, they have effectively breached the lease and you are entitled to evict such tenants from your property. Most landlords don’t know how eviction process works; this is why they hire the service of a top Los Angeles property management company.
Understanding Tenant Eviction
Tenant eviction, also known as “Unlawful Detainer” action is a fairly straightforward legal process. You should understand how this process works and the steps involved. You need to follow these steps properly or it could backfire.
Below, we have written what you should know about tenant eviction in Los Angeles. Before you start considering to evict your tenant, make sure you read this article to understand how this process works.
Steps To Tenant Eviction
Resolve the Rent Payment Issue
Don’t jump into eviction process when a tenant failed to pay as at when due. Eviction process can be long and messy and can ruin the image of your company or even the property. The first thing you should do is try and resolve the payment issue with the tenant.
Usually, this may involve waiting a few extra days before the tenant can be able to pay. In this case, you may ask the tenant to pay as soon as possible along with fees for late payments. By resolving rent payment issues amicably, you will be able to save yourself the cost of hiring an attorney.
- Serve Three-Day Notice
When the tenant fails to pay after the agreed time, make sure you prepare and serve the tenant a “three-day notice to pay or quit”. Ensure that the notice is in a specific legal format. You may need the services of an eviction attorney to ensure that the document you will serve your tenant has legal backing.
Don’t serve the notice through email or social media, take it and serve it in person to the tenant. If the tenant is not available, you can attach the notice to the front entry door of the apartment or business premises. Again, you will also need to send a copy of the three-day notice by certified mail return receipt requested.
After serving the three-day notice, you (the landlord) must prepare a “proof of service” in a proper format. This will state that the three-day notice was served to the tenant. The proof of service will also describe the method of the service.
Three Day Waiting Period
After serving the three-day notice, you will need a three day waiting period before your notice can be effective. These must be 3 business days. The weekends, as well as holidays, are not counted.
The eviction notice ceases if the tenant pays all rent due or corrects any outstanding violation of these lease terms. The manager or landlord can as well accept partial payment. However, if the violation is as a result of some criminal act, the eviction process will continue.
- Court Summons
When the tenant fails to pay the rent or correct the violations, the manager or landlord will now go ahead and prepare summons. You will need to hire an attorney for this process and the attorney will serve the papers to the tenant. The summons, complaint, as well as the proof of service, must be filled and service the court clerk’s office. This should be followed by a copy of the lease and proof of service of the three-day notice.
Beware of Technical Errors
Note that technical errors can cause huge delays. In most cases, these errors occur because the manager or landlord fails to use the service of an experienced attorney.
These errors may result in substantial delays. Always ensure you have an attorney working for you to avoid these errors.
- Court Decision
Note that a served tenant has five days to oppose the eviction. The tenant will have 15 days to file for a responsive pleading to the action if substituted service was used. However, when the tenant fails to oppose the eviction, the property will seek a default judgment of possession of the premises.
Tenant eviction can be very tricky. You should take this process very seriously and professionally. As a landlord, you need to allow a top Los Angeles property management company to handle your eviction to avoid mistakes that lead to delays and problems.