My Tenant Stopped Paying the Rent…Should I Start Eviction?

 

When a tenant stops paying the rent, eviction is usually the only recourse.
In San Diego, CA the eviction process takes place in 3 steps. Advice from a Real Estate Attorney is highly recommended.


Three-day notice to pay or quitThis is a notice that is given to the tenant or posted
on the door of their property. If you do not get the rent, proceed to the next step. 

File an Unlawful Detainer Action:You file this in court and when the tenant gets notice they have 5 days to respond. If there is no response a default hearing is set. 

Writ of Possession:

A writ of possession is executed at the default hearing and an eviction notice is served on the tenant by a process server or the Sheriff. Tenants have 5 days to leave the premises or the Sheriff can physically remove them.

Eviction usually takes 2 weeks but can be delayed   due to:

Court Scheduling problems.

False claims by the tenants
Failure to serve all occupants
Bankruptcy-If a tenant files for Bankruptcy mid-eviction the eviction process stops until the Bankruptcy is resolved.

Eviction may be valid for the parties on the lease, but other parties in possession may be able to stay.This is a good argument for only allowing tenants who are on the lease to occupy the premises. If you are not party to the lease  you have no obligation to care for the property or any financial obligation. Unnamed occupants should never be allowed to live in the property.


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