Landlords get an average income of $97,000 a year. As a landlord, owning a rental property can be very profitable. But bad tenants can make your property management a living nightmare.
This is where eviction can be a solution. However, evictions in Contra Costa, California are complex. As a landlord, you need to ensure that you follow the right legal procedures or risk your eviction lawsuit getting dismissed.
Below is a guide that explores the proper eviction steps you can take in Contra Costa, California.
Reasons for Tenant Evictions in Contra Costa, California
California's eviction process has strict legal guidelines to help protect tenants from unjust eviction practices. If you own rental property, you can evict a tenant if they:
- Fails to pay the rent on time
- Damages the property
- Breaks the lease or rental agreement and will not fix the problem
If your rental income is affected, you need to do the necessary. However, you cannot evict a tenant on your own. You must get a court order to evict a tenant.
Steps of Evicting Tenants in Contra Costa, California
The court defines the situations where a tenant can be evicted. If you don't follow the proper procedure, it can lead to costly problems. Here is a step-by-step process of rental evictions in California:
Step 1: Give a Written Notice
The first step in the eviction process is to give your tenant a written notice. There are different types of notices you can give including:
- 3-Day Notice to Pay Rent or Quit: Given out for rent non-payment
- 3-Day Notice to Cure or Quit/Perform a Covenant or Quit: For lease violations
- 3-Day Notice to Quit: For lease breaches, nuisance, property damage, or illegal use
- 30-Day Notice to Quit: Applicable to month-to-month tenants
- 60-Day Notice to Quit: For tenants with leases of one year or more
Make a copy of the notice for your records and send the letter by registered mail. Ensure you use the correct type of notice that applies to your situation. If you use the wrong notice, you may lose your eviction case.
Step 2: Start an Eviction Case
If your tenant fails to resolve the issue or vacate the property, you can start an eviction case. This should be done once the tenant deadline listed in your notice passes.
Step 3: Service of Unlawful Detainer Paperwork
After filing eviction forms, you must serve the tenant with the paperwork. The served Proof of Service form must then be filed with the court.
Step 4: Trial or Hearing
If the tenant responds, you can request a trial date. Both parties will present their case during the trial. In case the tenant doesn't respond, you can seek a default judgment.
Step 5: Eviction Judgment
The judge issues a Judgment of Possession if eviction is justified. This may include rental income owed, legal costs, and attorney fees per the lease.
Step 6: Removal of the Tenant
Upon obtaining the Judgment of Possession, you will get a Writ of Execution. This allows the Contra Costa Sheriff's Department to enforce the eviction.
Enforce Successful Evictions in Contra Costa, California
Evictions in Contra Costa, California, demand a strategic approach. At PMI East Bay, we can help. Our property management will handle the evictions, ensuring your investment is protected.
Feel free to get in touch with us now.