Eviction cases in California have returned to or surpassed pre-pandemic levels. Although there are thousands of evictions in the state every year, tenants have some protections.
If you are a Merced landlord trying to get rid of a bad tenant, you need to have cause. Following the law is important for staying compliant and possibly gaining back your losses.
Keep reading to learn the process of tenant evictions.
Terminating the Tenancy
Before filing evictions, you must terminate the tenancy. You can terminate a tenancy early for cause for nonpayment of rent or lease violations.
You can hand deliver the notice to the tenant or give it to another adult in the rental. You can also post it at the rental and mail it to the tenant.
If the termination notice allows the tenant to fix the problem, you cannot evict the tenant if they do. If the tenant moves out by the termination deadline, you don't need to file an eviction lawsuit either.
You'll file an unlawful detainer lawsuit if the tenant fails to move out or fix the issue. A property management company can evict a tenant on behalf of their owners.
Serving the Tenant
Landlords can't serve the eviction documents, only an adult not related to the case can.
The tenant must file a proof of service form with the court within up to 15 days of the notice.
Tenants only get five days to respond if they are personally handed the eviction papers. Tenants get 15 days if the documents are provided by substituted service or service by posting.
Going to Trial
Landlords can ask the court for a trial where they and the tenant will explain their cases.
If the tenant fails to file an answer within the allocated timeframe, the court may default and side with the landlord. The tenant will likely be evicted without inputting any defense.
A landlord has to provide a copy of the default judgment to the tenant in this case.
If the tenant shows up to trial and the judge sides with the landlord, the judge will sign a Judgment of Possession. If the tenant was evicted for nonpayment of rent, the judge may order the tenant to pay their dues as well.
Removing the Tenant
Evicting a tenant requires a complete process before a tenant can legally get removed. After the judge signs a Judgment of Possession, landlords receive a Writ of Execution giving them the power to proceed with the eviction.
A sheriff serves the tenant with a Notice to Vacate. The tenant has five days from the order to move out before being physically removed by the sheriff.
Once the tenant is removed, consider tenant screening to avoid bad renters in the future.
Can Property Management Help With Evictions?
The eviction process in Merced, California is long and complicated. Landlords can work with rental property managers who will take on the task of filing evictions and removing the tenant.
PMI Merced helps landlords follow eviction laws to stay compliant. Our professional team can implement tenant screening to mitigate the risk of evictions in the first place.
Two decades of experience in property management has allowed us to help landlords maximize income. Contact us today to learn more about what we can do for you.
