No renter or landlord wants to deal with the hassle of an eviction process. But certain circumstances, such as defaulting on payment, property damage, illegal drug usage, and violation of the lease agreement mandates the use of an eviction notice.
If you’re also dealing with a troublesome tenant, US landlord-tenant law allows you to consider serving them an eviction notice. But first, it's imperative to understand the ins and outs of the legal procedure.
Continue reading this blog to learn how to go about filing and navigating your eviction notice based on specific state laws.
The Eviction Procedure: Step-By-Step
The first step when beginning with the eviction process is serving your tenant with a valid complaint, after which the tenant typically gets five days to answer. Here are some of the reasons for initiating an eviction process:
Ø As a landlord, you are legally entitled to file an unlawful detainer lawsuit to reclaim your property's possession after the expiration of a notice.
Ø An agreement is a legal contract between you and your tenant, and a breach gives you a right to serve a notice.
Ø While accidents happen all the time, a tenant can’t be ignored if they have caused intentional property damage.
Ø According to a NY Times report, unpaid rent is by far the most common reason for eviction proceedings.
Ø You’re legally entitled to serve an eviction notice in case there’s been an illegal activity in your residential or commercial property.
Ø If your tenant doesn’t file an answer within the timeframe, you’ll have to file a default judgment without going to the court—and the clerk will issue an order of possession.
Ø The police/city sheriff serves notice to your tenant to evict the property within five days.
Ø You have more flexible options for evicting a tenant, even if they haven't done anything wrong. But several state laws that allow no-fault evictions protect renters from discriminatory or retaliatory claims.
Ø If your tenant has a fixed-term lease, you cannot evict them without a cause.
The Legal Representation in an Eviction Proceeding
Legal representation is not necessary in a civil case, but eviction paralegals may offer you accurate information from law books and manuals. According to CAP, the majority of tenants and landlords lose their cases without legal counsel from eviction lawyers.
Hiring paralegals equips you with information from law books and ensures foolproof documentation and navigation of the procedure.
Defensive Claims Tenants Might Raise
The time taken to complete an eviction proceeding varies on the tenant/defendant's responsive claims. They can point a mistake in your complaint, highlight improper delivery of the service, or make an attempt to delay the case.
This is where your tenant-landlord relationship comes to play. Avoid filing eviction notices for retaliation purposes like repair requests because it significantly diminishes your chances of winning the case.
Find an Experienced and Shrewd Landlord Attorney Beverly Hills, CA
Unless you know all about the eviction procedure and your rights to evict a tenant, you may end up on the losing side. We recommend hiring our best landlord-tenant lawyer for eviction help to preventing illegal eviction penalties.
Learn more about our eviction services in California or get in touch with us for more information.