When people don’t pay rent or comply with the terms and conditions of their contract, we need to enter into an eviction status with that tenancy. Many times, people who self-manage don’t know or understand the legal process of removing a tenant from the premises. This is usually an emotionally charged situation, because the owners are depending on their rent money. If people don’t pay, landlords want them out right away. Unfortunately, that’s not the way the law works.

How to Evict a Tenant

If a tenant hasn’t paid rent when it’s due, legally you can serve a Three Day Notice to Pay Rent or Quit. This gives the tenant three business days to deliver possession of the premises and vacate, or they can pay the rent. After those three business days, you can refuse taking the rent and proceed with the eviction.

Property Management Chula Vista

The California eviction process starts with a case worksheet, which you submit in court. Then, you have the tenant served. Typically, if the tenant answers the door and you serve them their papers, they have 10 days to respond to the complaint. If they avoid you, you have to petition the court to just post it on the door, which is called an Order to Post. Then, 15 days must go by before you can proceed with the next step. Within those 15 days, if the tenant responds to the complaint, a trial date is set. Then, you get to go to court and show the judge how the tenant didn’t pay or abide by the terms and conditions of the contract. Subject to the outcome of that court case, you’ll win a judgment against the tenant, and a sheriff’s lockout will be scheduled three or four weeks later.

California Eviction Process Timeline

All told, depending on the court calendar, evictions can take six weeks to three months. It depends on how busy the courts are. With the courts consolidating all their evictions, they are pretty backed up. Make sure that you qualify your tenants well. Collect a large security deposit and put your seatbelt on if you have to evict as this can be a bumpy ride.

We can help, so if you have any questions about eviction or you need a Chula Vista property management company to rescue you from a nonpaying tenant, contact us at Noble Real Estate Services.