WHAT INFORMATION DO I NEED TO PROVIDE YOU TO BEGIN AN EVICTION ACTION?
We need a copy of the applicable lease or rental agreement, if any, so as to verify the legal rights of the parties. We also need the name(s) and address of the tenant(s). If the eviction is for nonpayment, we need to know all rent or other fees that have not been paid. If you have already served a 3-Day notice to Quit or Pay, we need a copy. If the eviction is for violation of lease covenants, we need an itemization of the rules that have been violated.
HOW LONG DOES IT TAKE TO EVICT A RESIDENTIAL TENANT?
The residential eviction process varies depending on the basis of the eviction and on whether the tenant contests the eviction. If the tenant does not contest the eviction, the eviction process for non-payment of rent usually takes between 15-18 days, depending on how quickly the tenant is served and how fast the court processes paperwork submitted by this office on your behalf. If the tenant contests the eviction, the eviction will usually take longer. If you have already served a 3-Day Notice (or other initial notice) the eviction will usually take less time.
HOW LONG DOES IT TAKE TO EVICT A COMMERCIAL TENANT?The timelines for a uncontested commercial eviction is the same as for an uncontested residential eviction. The timeline for a contested residential eviction is usually longer since a “10-day hearing” that is available for residential evictions is not available for commercial evictions.
HOW AM I CHARGED FOR YOUR SERVICES?
We try to work as efficiently as we can. For some services we provide a flat fee billing. However, in the event that additional services are required, or there is not a flat rate charge for the services rendered, you will be charged at our normal hourly rate.
WHAT IF THE TENANT ABANDONS THE PROPERTY DURING THE PROCESS?
The law allows you to repossess the property in the event the tenant has abandoned the property. However, before you change the locks and otherwise repossess the property, you should call our office to discuss the facts and circumstances to make sure that you do not unlawfully lockout the tenant.
THE TENANTS ARE DESTROYING THE PROPERTY, WHAT CAN I DO?
Call law enforcement. If you observe that property is being destroyed, call law enforcement to make a report and let them know this is happening.
WHAT AM I REQUIRED TO DO WITH THE SECURITY DEPOSIT IF THE TENANT TIMELY VACATES AND OWES NO BACK RENT?
The law requires that within 30 days after the defendant vacates the property a written notice be sent the tenant as to the disposition of any refundable deposit. You are required to itemize any charges against the deposit for damage or repair as allowed under the lease, and refund the difference, if any.
I WANT TO INSPECT THE DWELLING UNIT BUT THE TENANT WON'T LET ME, CAN I JUST GO IN?
No. First give the tenant at least 24 hours written notice of intent to inspect the unit. Once the that time period is up, you may inspect the unit. If the tenant refuses to allow you access to the property, you may need to contact local law enforcement. Not all law enforcement will assist you in obtaining access to the property. Different law enforcement agencies take different positions on this issue.
A "SQUATTER" HAS MOVED INTO MY PROPERTY WITHOUT MY KNOWLEDGE AND I CALLED THE POLICE AND THEY SAID IT WAS A CIVIL MATTER, WHAT IS NEXT?
Your must file an eviction proceeding. The squatter must be served with a 5-day Notice to Quit as a tenant-as-will. In the event that the squatter does not voluntarily vacate, then an eviction action may be commenced.
WHAT IS A 3-DAY NOTICE TO QUIT OR PAY?
A 3-day Notice to Quit or Pay is given to a tenant after the rent (or other moneys owed) are due and have not been paid. If the tenant does not timely comply with the notice, an unlawful detainer action may be filed.
WHAT IS A 3-DAY NOTICE TO PERFORM COVENANT?
A 3-day Notice to Perform Covenant gives the tenant notice to comply with specific covenants in a lease within 3 days or vacate the property. If the tenant fails to comply within 3-days, then an unlawful detainer action may be commenced. If the breach cannot be cured in 3-days, then different rules apply.
WHAT IS A 15-DAY NOTICE TO TERMINATE TENANCY?
You may terminate a month-to-month tenancy with a 15 notice, which must be served at least 15 days before the end of the rental period. The tenant must then vacate at the end of the rental period. This notice may not be served if there is a lease in place under which the tenant has a right to tenancy for specific term. If the tenancy is month-to-month, the tenancy may be terminated by giving this notice.
MY TENANTS HAVE MOVED OUT WITHOUT GIVING PROPER NOTICE, ARE THEY STILL RESPONSIBLE FOR THE RENT THAT IS DUE FOR THE DAYS THEY WERE THERE?
Yes. The tenant is responsible for the days that they occupied the premises. Furthermore, if you have a lease that has been terminated, you are allowed to recover rent until the lease terminates even if the tenant has vacated the premises. However, you must make reasonable effort to relet the premise before the end of the term of the lease, and you must deduct any rent received from rent owed. Typically courts will not award unaccrued rent in advance. This means that you must try to relet the premises, and if you are unable to do so you may later apply to the Court to augment the Judgment.
WHAT IS MY DUTY TO RELET THE PREMISE AFTER TENANT VACATES?
If the tenant has vacated and has a lease to a specific date, you have a duty to mitigate your damages by attempting to relet the premises. In the event that the premises are relet, then the tenant's obligation for rent stops. However, in the event the premise is reletted for less than the amount you were receiving from the tenant, you may apply for the difference between the rent that you are receiving an the rent you would have received.
I RECEIVED A JUDGMENT THAT WAS ENTERED AGAINST THE TENANT. WHAT IS IT?
This is the amount the tenant owes you as a result of the eviction. A money judgment may be collected within 8 years and may be renewed for an additional 8 years if you desire. A judgment, however, must be collected whether it be through a collection agency or by way of a wage garnishment or bank garnishment or otherwise.
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