You bought rental property to generate passive income and grow your wealth. You can't do that with bad tenants not paying rent or causing property damage. The solution is eviction.
However, the eviction process is a complicated one. Not following it can result in bigger and more expensive problems for you. This guide will help you understand how Contra Costa County, CA evictions work.
Can You Evict?
A landlord cannot evict a tenant on their own. They must go through the legal system and get a court order. In addition, the court defines the situations where a tenant can be evicted.
In many situations, you can avoid eviction by talking with your tenant. For example, providing more payment method options can help avoid late rent.
Eviction and Rent Freeze Ordinance
Contra Costa County enacted Urgency Ordinance No. 2021-20 that placed a moratorium on evictions and rent increases during COVID-19. Many landlords found themselves unable to seek eviction for tenants during this time.
While this ordinance ended on September 30, 2021, it still has lasting impacts.
Step One: Give Written Notice
The first step in eviction is to give the tenant written notice. Use the correct type of notice that applies to your situation.
Using the wrong notice or a notice with mistakes can result in losing your eviction case. Make a copy of the notice for your records and send the letter by registered mail.
Step Two: Start a Court Case
You cannot move to step two until the tenant deadline listed in your notice has passed. To file your court case, you must submit all required documents. Be sure to list everyone living at the property, not just those listed on the lease.
Step Three: Ask for a Trial Date or Default Judgment
How the tenant responds to your filing will dictate your next steps. If the tenant doesn't respond, you could request a default judgment.
If the tenant responds to the filing, you could ask for a trial date. If the tenant moves out or you reach an agreement outside of court, you can request to close the case.
Step Four: Go to Trial
At trial, you will argue your case for eviction before a judge by presenting evidence. The tenant will testify and argue their case. The judge will conclude the trial by deciding either for or against either side.
Step Five: Post Trial
If the tenant wins at trial, they are likely allowed to stay in the home. If you win your case, you can begin the process of eviction.
As the property owner, you cannot physically remove the tenant yourself. Fill out the Judgment - Unlawful Detainer and Writ of Execution forms. Pay the required fees to process your eviction.
The local sheriff's department will assist you with the Notice to Vacate and physical removal of the evicted tenant.
Evictions Made Simple
When you work with a full-service property management company, eviction processing is one of many benefits. Your dedicated property manager will handle the evictions to ensure they are addressed in a timely manner. That way, you can protect your real estate investment and ensure profitability.
Request a consultation to learn about the many services and benefits that our team of property managers can provide.
