A.D. Cantelmo Property Management
Our Business is Property Management in Orange County California
Eviction,
the last resort
For every Landlord or Property
Manager, the last thing you want to do is evict a Tenant, but unfortunately it
is part of the business. Every time I get into an eviction situation, and I am
happy to say it is rare, I ask the Tenant, why they take it to this level? The
answer is always the same, they have no place else to go. That answer makes no
sense, because they are going to have to find a place to go anyway, why not use
the time leading up to the eviction to leave. I know for myself, I do
everything I can to avoid the eviction process, because if I can get the Tenant
to leave without going to court, even at the loss of some rent, it is much less
expensive for the property owner.
Cost of the eviction
An Eviction is a very expensive
cost to the owner of the property, not only do you lose rent, but it will cost
you $750 to $2000 to go through the process with an attorney, not to mention the stress and
frustration that an eviction creates. What a property manager can do to save the owner some money, is to negotiate with the Tenant and try and get them to leave before the process starts. That is why you don't want to wait too long to start the action. Once a Tenant gives any sign of problems, you need to take action.
The process of an eviction
Let’s look at the process a
Landlord needs to follow in order to evict a Tenant:
If a Tenant violates the lease
agreement the Landlord can evict, the most common is nonpayment of rent, so let’s
look at that process.
First a Landlord must give a 3 day
notice to pay or quit. You as a Landlord can do it yourself and it is much
better to give it to the Tenant in person. I suggest you have an attorney do
the service, that way it takes away the complaint in court that the Tenant was
not served correctly.
Then the Landlord or Landlords
attorney must file an unlawful detainer lawsuit in superior court. This type of
Lawsuit should be heard around 20 days after it is filed.
Once both parties have their day in
court, and the Landlord wins the case, the court will issue a “writ ofPossession”. A writ of possession, orders the Sheriff to remove the Tenant
after the grace period and that can be 5 days from the date the writ is served.
if the Tenant has not voluntarily left the property.
Taking possession of the property
The Landlord will get a call from the Sheriff and get the day and time the Sheriff will be at the property. The Landlord will meet the Sheriff
at the property and will be given possession. Is recommended that the Landlord
also show up with a locksmith to change the locks so the Tenant does not have
the ability to re enter the property once the Sheriff turns over the property
to the Landlord.
The judgement that the Landlord
receives can give them the ability to go after the Tenant for damages and also
will go against the Tenants credit report for 7 years.
The process can take a little over
a month to be completed but it can seem like forever, so it is always a last
resort for a Landlord or Property Manager to start the process. But, the sooner
you start the process, the less it will cost you in lost rent. It is much
better to try and make a deal with the Tenant to move out, before an eviction
is necessary.
A.D. Cantelmo Property
Management Specializes in Property Management in Orange County
Ca.