When evicting a tenant in Riverside California, landlords should have a valid reason as stipulated by the California eviction law. Some of the most common reasons that can lead to a tenant eviction include damaging property, failing to pay rent, or bleaching the rental or lease agreement. Tenants in California can also be evicted in case:
- The property owner has a valid reason to terminate the lease agreement
- The tenant continues to live in the house even after the lease has expired
Landlords can be able to evict tenants if their situations meet any of the above criteria. However, in case a landlord is having a difficult time and doesn’t want to proceed through the involving court process, he or she can hire an Eviction Attorney in Riverside to act as a mediator or an Eviction Lawyer in Riverside to solve the problem through negotiation. However, if all other attempts don’t successfully lead to Eviction Riverside, the landlord can continue through the courts.
Eviction Riverside Process
Most California evictions begin with a notification demanding the tenant to stop doing something or to evict the premises. The only exceptions are in situations when a fixed lease has expired and isn’t renewed or in a case where an employee who has been given the right to reside in a house as part of their employment has been terminated. A landlord may need professional assistance from a qualified Eviction Attorney in Riverside to navigate through this process successfully.
The most common cause of Eviction Riverside is failing to pay rent. Such a case is begun by notifying the tenant with a 3-day notice to pay the rent or leave the premises as the law dictates at CCP Section 1161(2). The landlord should include the specific amount due, where the money should be paid, and an unequivocal demand for repossession in case the rent isn’t paid within a span of three days after getting the notification letter. The notification should also include the date, signature of the landlord or an agent acting on behalf of the landlord. A landlord may need an experienced Eviction Lawyer in Riverside to draft the eviction notification letter.
An Eviction Attorney in Riverside will guide the landlord on whether to declare an election of forfeiture of the lease. Failure to declare forfeiture may give a tenant the chance to redeem their tenancy by paying all their dues within five days after the eviction notice. However, landlords can choose to omit forfeiture. According to CCP section 116 and 1161a, a tenant can be served with notification by:
- Delivering a copy of the letter to the tenant
- If they are absent, leaving a copy with a person of a reasonable age, and also sending a copy through the mail
Unlawful Detainer Lawsuit
An unlawful detainer in California is also referred to as an eviction lawsuit. After filing such a lawsuit, the process can take up to two months, and during this time a landlord may not have the chance to accept rent. Tenants have about five days for them to communicate back after receiving the notification letter. If the tenant fails to respond a trial is scheduled within 20 days. This trial time often takes approximately one hour.
After winning the case, tenants have five business days to move. However, this will depend on the speediness of the sheriff in posting the lock-out order. The lock-out order gives the sheriff permission to physically lock the tenant out. Although evicting a tenant in California isn’t an easy task, landlords can get sound advice from an experienced Eviction Lawyer in Riverside.