Evictions.
It's possibly the most dreaded word of tenants, especially now that the COVID moratorium has expired. Indeed, eviction filings throughout California have returned to or even exceeded pre-pandemic averages.
However, evictions also hurt landlords. Landlords don't like doing them and only consider them their last resort. After all, they're time-consuming, expensive, and don't always guarantee recovery.
So, as a new landlord, you must learn how the rental eviction process in Modesto, CA, works. We've provided an overview, so please read on.
When Can You Evict a Tenant?
Under the California Tenant Protection Act, you can file for at-fault or no-fault evictions.
With at-fault evictions, you can evict tenants who do things like:
- Fail to pay rent
- Commit a material breach of the lease agreement
- Engage in criminal or illegal activity within the rental property
You may also evict a tenant on a "no-fault, just cause" basis.
An example is if you decide to move into the property. However, if this occurs on or after April 1, 2024, you must move in within 90 days. You must also reside on the property for at least a year.
Those are new requirements brought about by changes to the Tenant Protection Act.
How Do You File for Evictions?
Under California eviction laws, you must give tenants a written Notice to Quit. It must explain why you're evicting them and if you want them to do something to avoid having to leave. The official eviction can't begin without this Notice.
What Exactly Is a Notice?
A Notice gives tenants a specific number of days to move out. It can be a 3-day, 30-day, 60-day, or 90-day Notice. This allows them to do what you ask or prepare to leave.
Suppose you discover severe tenant damage to your unit during a scheduled property inspection. As per the lease agreement, this is a material breach.
Another example is if a tenant lied about not owning pets. That's despite you allowing pets under certain conditions (e.g., having pet insurance). Your tenant may have denied ownership because they didn't want to buy insurance.
In that case, you can give your tenant a 3-day Notice to Fix or Quit. They have three days to correct the issue. If they don't, you can start the eviction case.
What's Next?
You must file the eviction, also called an unlawful detainer, with the court. You must also pay the appropriate court fees.
You must then serve the official documents to the tenant. They have five days to file an Answer.
If they don't, you can ask the judge to evict them. If they do, the case will proceed to trial, and the judge will determine whether to order your tenants to leave.
Avoid Evictions Through Better Property Management
Evictions are stressful, time-consuming, and can hurt your bottom line.
To help minimize such risks, partner with our rental property management firm, PMI Central Valley. Our robust screening services can help you find highly qualified tenants in Modesto, CA. We also provide eviction protection, accounting, rent collection, and property maintenance.
PMI Central Valley is locally owned and operated. However, we're also a proud member of PMI, a national franchise with over 20 years of property management experience and manages over $5 billion in assets.
So, call us today to learn more about our services!
