Top steps landlords must follow before evicting tenants

Top steps landlords must follow before evicting tenants

In California, landlords can evict tenants who fail to pay their rent, as long as the proper eviction procedures are followed by the landlord. Basically, tenants are required to pay rent on the first day of each month. Landlords are not obligatory to give grace period before they start charging late fees or take steps towards the eviction of their tenants. Immediately tenants fail to pay their rent on the due date, the landowner can begin the process of evicting the tenants and this may include giving them eviction notices. However, it should be understood that both parties (landlord and tenants) could agree to specific terms in the lease. For instance, the owner can agree to wait for three more days after the due date before charging the tenants late fee.

Also, the property-owner can agree that the due date can be on a business or working day if the due date falls on a holiday or a weekend. Regardless of the agreement, this must be contained in the lease or be in writing. It will then be required that both parties should follow the terms stipulated in the lease. Once the due date is reached and the tenant does not pay, the landlord will be in a good position of serving the tenant a 3 day notice to pay or quit. If in three days the tenant fails to pay the rent, then the property-owner will have no choice but to start the eviction procedures against the tenant. The eviction notice must be offered to the tenant in writing. Although a landlord can choose to include different information in the notice, there is specific information that must be included in the notice.

First, a 3 day notice to quit must include the date in which a tenant was served with the demand, the name and address of the tenant, the total rent amount owing and due and a statement stating that the tenant must pay the rent within 3 days or a lawsuit for eviction will be filed against the tenant in court. The eviction notice must also include the telephone number, name and address of the landlord or the party receiving the rent as well as the number of days and time the person will be available to collect the rent. There must also be a certificate of service, which specifies how the tenant was given the demand.

Once the eviction notice has been written, the landholder can decide on the best way of giving the notice to a tenant. For example, the property-owner can hand the notice personally to the tenant. This can either be at the tenant's place of work or at a rental unit. The landlord or property owner can also mail the notice to the tenant if the tenant is unavailable.

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