Landlords who believe that a tenant has violated the terms of a rental contract, whether by paying the rent late or engaging in activities disallowed by the rental contract, can serve an eviction notice. An eviction notice lets the tenant know that he or she has a specified amount of time to pack up and vacate the premises. Eviction notices are legally enforced in Los Angeles, and landlords can go through a legal eviction process for tenants who refuse to leave the property. Tenants can also claim that a property owner is evicting them for no reason and file a claim in court.
Eviction Notices
The start of the eviction process is serving the tenant with an eviction notice. Most landlords use the 30 or 60 day notices, although in extreme situations there is the option to provide a 3 day notice. Once a tenant is served with the notice, he or she has the specified time to pack up, find a new place to live, and vacate the premises. Landlords do not need to hire an attorney to serve an eviction notice. Professional court document preparers can prepare and file all of the necessary paperwork to insure a timely eviction.
Unlawful Detainer
If you serve a tenant with an eviction notice and he or she refuses to leave the property, you can file an unlawful detainer lawsuit. This situation presents itself when a tenant feels that you have no cause for eviction. To complete the eviction process, you will need to go to court and let a judge decide if the tenant must leave or not. If the tenant must leave, the judge will often allow a period of up to five days for the tenant to vacate the property before the Los Angeles sheriff arrives to remove the tenant from the property.
Although some eviction processes involve more than a notice, you can still conduct the eviction process without needing an attorney. Professional court document preparers will help you file all of the necessary paperwork and submit it to the court, whether you need to appear before the judge or simply need an order of eviction.
If you are a landlord you have to be very careful in regard to the steps you take to evict a tenant. First of all, try and avoid the eviction process all together by offering incentives for the tenant to move and leave the unit in good condition.
The incentives you offer prior to beginning the eviction process do not have to be lavish. One way to approach the situation may be to offer a small monetary incentive such as: forgiving what they owe in rent (if it is a reasonable amount) and if they leave the unit by a certain date and in good condition you give them back their security deposit (Even though they may owe back rent).
Keep in mind that you have to take into account the potential cost in time and money when you decide to go through with the eviction process. Especially, if the tenant requests a jury trial when answering the unlawful detainer because you can avoid using an attorney in order to draft the initial complaint within the eviction process but eventually you will want representation when the case goes to trial and that will not be cheap.
You must also consider the time it takes to evict a tenant. The reason why you want to try and use an incentive for the tenant to leave, first, prior to beginning the eviction process is because evictions are not an overnight process. There are several steps to an eviction and they may take time depending on the case load of the court for which you file the unlawful detainer. Try and think “out of the box” and do not allow your emotions to get the best of you. Be smart and try to provide an incentive for the tenant to move before you decide to begin the eviction process. Also, do not wait until the tenant has not paid rent for 90 or more days. Try and catch tenant issues early on. You will save yourself time, aggravation and money.
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