Did Your Tenant Stop Paying Rent and Is Now Refusing to Leave?
Of all tenant duties, paying rent is probably the most essential. Unfortunately, tenants sometimes fall on hard times or otherwise stop paying rent. Some of these tenants will leave on their own to find a more affordable option. But others may stay put and refuse to leave.
When this happens, it may become necessary for you to begin the process of eviction for failure to pay rent. Here’s a closer look at non-payment evictions in California and what steps you can take to increase your chances of a positive outcome.
Understanding Evictions for Non-Payment of Rent in Los Angeles
Here’s a brief overview of the process for a Los Angeles eviction:
- The tenant does not pay rent on time
- You issue a three-day notice, excluding Saturdays, Sundays, and judicial holidays
- If the tenant doesn’t pay, you file an unlawful detainer lawsuit.
- If you win the lawsuit, you obtain a writ of possession.
- The sheriff gives the tenant notice that they will be forcibly removed if they don’t vacate
- If the tenant doesn’t leave by the deadline, the sheriff’s department physically removes them.
Many eviction cases don’t ultimately require the sheriff to forcibly remove the tenant. However, it’s wise to be prepared for the worst before you begin.
CONTACT USWhen Can a Landlord Evict a Tenant for Non-Payment?
You can begin the process of evicting a tenant as soon as they fail to pay rent on time. Most landlords and property managers have a grace period of a few days, so it’s common to serve the initial three-day notice after that. Legally speaking, you don’t have to wait any amount of time after the non-payment to serve the notice.
If the tenant has not caused any issues in the past, it may be worth discussing the issue with them and attempting to work out an agreement (like a set amount of time for the tenant to pay). Eviction can be expensive, so if you think this is a one-time issue, it may be worth trying to resolve it with the tenant first.
The Importance of Proper Notice
If you intend to evict a tenant, the first thing you need to do is issue a three-day pay or quit notice. This gives the tenant three days to either (1) pay the rent they owe or (2) leave the property. If the tenant doesn’t pay and doesn’t leave, you can then proceed with the eviction process.In order to avoid legal issues down the line, you must make sure the notice complies with California law. That means it must be in writing and include the following information:
- The full name of the tenant (or tenants)
- The address of the rental property
- The exact amount the tenant needs to pay
- A statement that the tenant must either pay the full amount due or move out in three days, excluding Saturdays, Sundays and judicial holidays
- The name, address, and phone number of the person who is owed rent
- The dates, times, and address to pay (if they may pay rent in person)
- The address to use if they may pay rent by mail
It’s important to note that the three days the tenant has to pay rent do not include weekends or court holidays.
Legal Proceedings in Evictions
Ideally, once they get the notice, your tenant will pay you the rent owed or move out. If neither happens, you may proceed with the eviction.
Filing an Eviction Lawsuit with an Attorney
The next step is to file an unlawful detainer (eviction) lawsuit. If you haven’t evicted a tenant before, it’s wise to consult an attorney. The courts require a great deal of detail, and even a small error may mean you have to restart the entire process.
When you file your lawsuit, you will need to submit these four separate forms:
- The lawsuit Summons
- The lawsuit Complaint
- Civil Case Cover Sheet
- Plaintiff’s Mandatory Cover Sheet and Supplemental Allegations
You must also attach a few pieces of supporting evidence, including:
- A copy of the three-day notice
- Proof your tenant was given the notice
- A copy of the lease
If you have any other evidence, you should submit that as well. Lastly, the court will require you to pay a filing fee. Depending on the total amount of rent the tenant owes, this might be anywhere from $240 to $450.
What Happens in Court?
Once the tenant receives your lawsuit, they have either 10 court days or 10 court days plus 10 additional calendar days (depending on whether they were served the papers in person or not) to respond. In most cases, the tenant will take one of two actions: file an Answer or not respond at all.
If the tenant files an Answer, it means they are willing to take the case to court, and your next step should be requesting a trial date. If the tenant does nothing, you will likely win the case by default. You should ask the judge to issue a default judgment in your favor.
If the case does go to court, you and your tenant will each be able to present evidence and argue your case in front of a judge (and possibly a jury as well). If the court rules in your favor, the eviction can proceed (and the sheriff will forcibly remove the tenant if needed). If the court rules in the tenant’s favor, the tenant will be allowed to stay.
Potential Defenses Tenants Might Use
If your tenant intends to fight the eviction in court, it may be helpful to understand some of the common defenses used to do so. If the case goes to trial, a tenant may claim that you:
- Did not properly serve the three-day notice
- Did not properly maintain the rental
- Violated a local rent control ordinance
- Are evicting them in retaliation for something
- Are evicting them for a discriminatory reason
If the case does go to court, it may be helpful to have legal representation. Experienced eviction lawyers are familiar with the defenses tenants use, and the right lawyer may mean the difference between winning and losing your case.
The Role of Attorneys for Landlords
If you don’t already have legal counsel as a landlord, it may be time to consider working with a lawyer. An experienced attorney can help you through the eviction process.
How an Eviction Lawyer Can Help
An eviction lawyer will be intimately familiar with local landlord-tenant laws and rules regarding eviction. Here are some of the most important ways a lawyer may be able to help:
- Ensuring the three-day notices you serve are compliant with state and local laws
- Handling all paperwork and court filings for evictions
- Representing you in court
- Making sure none of your policies violate tenants’ rights
Handling evictions on your own can quickly become expensive and overwhelming. The right eviction lawyer can save you time, money, and stress.
Choosing the Right Eviction Attorney
Experienced eviction attorneys can be very helpful. However, the wrong eviction attorney can cause more harm than good. Before choosing one to work with, take the time to look closely at their track record and areas of focus.
Eviction is a very complex and specific part of landlord-tenant law, so you should ask any lawyer you’re considering whether they have experience with evicting tenants. You should also verify that the attorney has handled local evictions and disputes. Laws can vary significantly even within a small geographic area.
After the Eviction
If your eviction was successful, you’ll probably breathe a sigh of relief. However, you may still have some work to do, such as:
Handling Tenant Property Post-Eviction
If the tenant leaves property behind after they have been evicted, you still have legal obligations. You must store the items and deliver notice to the tenant. They usually have 15 days to retrieve their items if they received notice in person and 18 days if they were notified by mail.
You may charge a storage fee for keeping the items as long as the fee is reasonable. If the tenant doesn’t claim the property within the required timeframe, you may sell or dispose of it.
Preparing for a New Tenant
Once the evicted tenant is gone, you should carefully inspect the property for any damage and make repairs if needed. This is also a good time to thoroughly clean the unit and change the locks.
Contact CA Property Law Group’s Eviction Lawyers Today
If you’re a landlord in the city of Los Angeles looking for an eviction lawyer, we may be able to help. While we assist landlords and property managers in many areas of real estate law, we focus primarily on unlawful and illegal detainers.
The Los Angeles Eviction Attorney at CA Property Law Group understands just how challenging the eviction process can be, and we aim to help you quickly resolve evictions while protecting your interests. If you need a qualified eviction lawyer in LA County, get in touch with us today.
