Evictions in California: Prepare for Next Steps
If you are a homeowner in California, there is a good chance you will have to evict tenants at some point. It can be a difficult process, but it is important to understand what is involved. In this blog post, we will discuss the basics of eviction in California. We will talk about what an eviction is, why you might need to evict a tenant, and how the process works. We will also discuss what happens after an eviction has been carried out, and the options that homeowners have for dealing with the aftermath.
What is an eviction notice and what are the different types of notices?
An eviction is the legal process of removing a tenant from a rental property. In California, there are two main reasons why a landlord might need to evict a tenant. The first is if the tenant has not paid rent. The second is if the tenant has violated the terms of their lease terms or rental agreement in some way.
Lease agreements are legally binding contracts between parties, and tenants who break the terms of their lease can face eviction. There are a number of ways that tenants can violate their lease or rental agreement, and some of the most common include:
-Does not pay rent on time
-Smoking in or around the property
-Damaging the property
-Creating a disturbance or nuisance for neighbors
The process of evicting a tenant, from issuing the notice to getting a court order
The process of evicting a tenant in California starts with the landlord serving them with an eviction notice. This notice will state the reason for the eviction and give the tenant a certain amount of time to remedy the situation. If the tenant does not remedy the situation within that time frame, then the landlord can file an eviction lawsuit with the court in the appropriate jurisdiction.
In order to file an eviction lawsuit in California court, the landlord will need to provide some specific information. This includes the name and address of the tenant, the reason for the eviction, and the amount of back rent that is owed. The landlord will also need to provide evidence that the tenant has violated the terms of their lease.
The eviction lawsuit will be filed in the county where the rental property is located. The court will then schedule a hearing before a judge, at which both the landlord and tenant will have an opportunity to present their case. If the court finds in favor of the landlord, they will issue an order of eviction. This order will state when the tenant must leave the property, and it is very important to comply with this deadline.
If the landlord wins the eviction lawsuit, then the tenant will be ordered to vacate the property within a certain amount of time. If they do not vacate the property within that time frame, then the sheriff’s department will come and forcibly remove them from the premises.
What may prevent you from evicting a tenant?
There are a number of obstacles and laws that can prevent landlords from evicting a tenant. For example, in some cases the tenant may be able to file a counter-suit against the landlord. This can be a costly and time-consuming process, and it may ultimately delay or prevent the eviction from taking place.
Another obstacle that landlords may face with evictions is the fact that California has very strict tenant protections laws. These laws make it difficult for an owner to evict tenants for any reason other than non-payment of rent or violating the terms of their lease.
Eviction Moratorium
Due to the Covid pandemic, many landlords are facing difficulties filing evictions for their tenants. This is because many courts are closed and the process is becoming more complicated to appear before a judge. The eviction moratorium means that landlords will not be able to evict their tenants for the duration of the pandemic.
This could potentially cause problems for landlords who are facing non-payment of rent or other violations of their lease. They will not be able to take any legal action against their tenants until the moratorium is lifted.
Giant Lenders such as Fannie Mae and Freddie Mac placed moratoriums on single family real-estate owned homes throughout the covid pandemic.
It is important to note that this moratorium only applies to residential properties. Commercial properties are not covered under this order.
The tenants left behind a house full of junk…
It may be necessary for landlords to remove all items from the property left behind by their tenants to prepare for the next steps of the journey. There are many companies such as North State Hauling, who offer this service and there will be costs associated with this process. When the number of items to be removed exceeds a trunk full of items, it is often best to hire a professional company to restore your property to a “broom swept level”.
North State Hauling is a Local Junk Removal Company, serving the Bay Area, CA. When deciding on which Junk Removal company to use, there are a few factors you must consider;
- Pricing – Does the company offer a competitive pricing model?
- Availability – Can the company clean out my home ASAP?
- Licensing and Insurance – Am I hiring a licensed and insured company?
- Reviews – What is their reputation?
Local companies like North State Hauling will offer more competitive rates when compared to your 1-800 Junk Franchises; oftentimes by 20% or more!
What are my options once the house is cleared out?
Let’s talk about the different options that homeowners have for dealing with the aftermath. One option is to repair any damage that was done to the property and then either sell it or rent it out again. Another option is to simply sell the property as-is. And finally, some homeowners choose to repair the damage themselves to save money on repairs.
Repair damages to sell or rent again
The cost of repairing damages done to a home can be expensive, and it often requires a lot of time and money. In some cases, the landlord may already be tapped financially and cannot afford another few months of not receiving rent on top of the costs to hire a contractor. When deciding on the best decision, it is oftentimes a good idea to weigh out the financial needs, the projected length of repairs along with a 20% cushion in funds for unforeseen repairs that may arise. Some repairs may also require permitting to complete so it is best to consult with a contractor such as Handy Dads LLC in regards to any potential permits which may delay the process.
Sell your home as-is and recuperate as much as you can
Selling your home as-is and off-market is a process that can save you money on repairs. There are companies out there that buy houses for cash offers and can close in as little as 2 weeks. This may be beneficial to some property owners as they may be in a financial hole after the eviction process or the repairs needed would put them in a bind. Market volatility is another factor to consider when deciding on whether you want to repair your newly recovered home or sell it.
The housing market goes through periods of great volatility while other times there may be little change in prices. For example, during the Great Depression home values dropped by as much as 60%. On the other hand, at some points in time home values have risen by over 50% within just one year. In order to protect yourself against these fluctuations, it is important that you do your research and make an informed decision when doing lengthy repairs so that you can take advantage of any opportunities which present themselves but also limit your risk exposure.
It’s all about balance! You need to weigh out.
Benefits to Selling Your Home As-Is and Off Market
- No Agent Fees
- Closing in as little as 2 weeks
- No Inspections
- Secured through Escrow
