Tips from an Experienced Eviction Lawyer in Riverside, CA
The last thing that any landlord in Riverside, CA would want is to result a forceful eviction of a tenant. However, most landlords at one time will find themselves tangled in the eviction process due to problematic renters. In such a situation, a landlord should always have a skilled Eviction Lawyer in Riverside to help them in navigating the complexities involved in tenant eviction and resolve property dispute.
Sending an Eviction Notice in Riverside, CA
The most common cause for eviction in Riverside is non-payment of rent. However, there are other factors, such as non-compliance with the lease agreement, expiration of the fixed lease, or engaging in unlawful activities. In California, eviction cases are also referred to as unlawful detainers or forcible detainer proceedings.
According to the California law, landlords cannot decide to evict their tenants just because they are few days late, or even several days or months late in payment of rent. Before a landlord can evict a tenant, they should serve the tenant with a notice. The time allocated in the notice will often depend on the reason why a tenant is getting evicted. In case a landlord is evicting a tenant due to non-payment of rent, then he or she should give three days notification. For any other reason, the landlord can give a 30, 60, or 90 days’ notice based on the California Civil Code or the California Code of Civil Procedure.
The eviction notification has to meet all legal requirements as stipulated by the California Code of Civil Procedure. An experienced Eviction Lawyer in Riverside, CA can assist a landlord to draft an eviction notice. Generally, some of the information that should be included in a notice includes:
- The name and contact details of the landlord or agent to be paid the rent. In case the tenant is able to pay the full amount before the three days are over, then the landlord has to accept.
- Include the total amount of rent. This cannot include other charges such as utility bills or late payment charges. The full rent is the minimum amount that a renter can pay to avoid getting evicted.
- The time and location the rent can be paid. In case there is no location, then the mailbox rule comes into effect. In such a case the rent is considered paid after mailing.
The eviction process begins after serving the tenant with an eviction notification. According to the California Civil Code, a landlord should only serve the written notice in one of the following ways:
- Personal service
- Posting and mailing
- Substituting the service to another person
The Rest of the Eviction Process
After the landlord has sent the notification to the tenant and the tenant fails to pay the past due rent within the 3-days’ time frame, the landlord can proceed to file an unlawful detainer with the court.
Eviction Court Proceedings
- The court clerk issues summons after the landlord files the case
- The complaint and summon is served to the tenant
- In case the tenant answers to the complaint, the case is heard before a judge
- If the tenant fails to respond, a default judgment may be entered
- When the landlord wins, the court clerk issues a Writ of Possession
The Sheriff receives the Writ of Possession and arranges on how to lock-out the tenant from the premises. A skilled Eviction Lawyer in Riverside, CA can help landlords to navigate through the many pitfalls within the legal eviction process. For instance, a landlord should never evict a tenant from their premises without going through the court.