What Is the Eviction Process?

If you are a landlord not receiving rent from your tenant when it is due, exercise your right to evict the delinquent tenant. When you find yourself in this position, the attorneys at Schlecht, Shevlin & Shoenberger, A Law Corporation can help. Our experience in real estate law is beneficial to your efforts of eviction and ensure the proper procedure is followed.

Generally speaking, the terms of the lease govern eviction and displacement of tenants. In California, it is not uncommon for there to be a 30- or 60-day notice period prior to eviction. However, if rent has not been paid, only a three-day notice is required. The notice of eviction must contain the following and must be in writing:

• Amount of past due rent
• The name, address and telephone number of the person to whom rent must be paid
• If payment in person is an option, the business hours and days the person is available
• If payment is to be made at a financial institution, the mailing address of that institution must be included in the notice of eviction

If you are a landlord needing to evict a nonpaying tenant, use our experienced real estate attorneys to ensure the notice sent is proper and the procedure for eviction is followed. The penalties for improper eviction can be avoided by careful planning. Failure to follow the proper procedure for evicting a tenant can result in damages payable by the landlord to the tenant. Damages that a tenant may incur when wrongfully evicted include the cost of seeking other housing, reconnection fees for utilities, disruption from employment and lost wages.

Make sure you limit your exposure to liability when exercising your right to evict. Call a skilled real estate attorney. Our services in the real estate sector include preparing and presenting your eviction case. Our attorneys at proficient in these cases and are well versed in the legal requirements.

For more information about this article, contact Schlecht, Shevlin & Shoenberger.