How complicated can the eviction laws in San Diego be?
Pretty complicated. And, we’re here to help you decode them.
At Ann Tasias & Associates, eviction is rare. We screen our tenants carefully and we have great relationships with our renters. However, we are also always prepared to remove a tenant from your property if that becomes necessary. We understand the eviction laws in the state of California, and we have excellent relationships in place with attorneys and the courts.
We believe that eviction should always be a last resort. If you have residents struggling to pay, you will find better outcomes when you’re willing to work with them on payment arrangements and schedules so they can stay in your property and you can continue to keep your investment occupied.
We’re also realists. Sometimes, eviction is the only way. If you get to the point that you need to evict, it’s critical that you’re prepared. The laws have changed in the last few years, and there’s a process that needs your careful attention. Trying to evict a San Diego tenant without the help of a local property manager or an experienced eviction attorney can be risky.
Let’s take a look at the roadmap we’ve laid out to ensure your evictions are professional, legally compliant, and less disruptive than most.
First, Identify Your Reason for Eviction
If you are not a corporation and you’re renting out a single-family home, you’re likely exempt from the just cause eviction requirements that went into effect under the Tenant Protection Act of 2019. But, you still need to have the appropriate disclosures in your lease agreement. Talk to a San Diego property manager about updating your lease agreement. Explicit language is necessary and you want to make sure you’re compliant.
If you’re renting out a property that is bound by just cause eviction laws, you’ll have to make sure you have a legal reason to evict your tenant. You cannot simply refuse to renew the lease agreement.
You have just cause to evict when the tenant does something to bring the eviction upon themselves. These are some of the most common just-cause eviction grounds:
- Nonpayment of rent. This is the most common reason for eviction in San Diego, and it’s pretty self-explanatory. When a tenant isn’t paying rent, you’ll serve a standard notice to pay or quit, and then your tenants will hopefully catch up with the rent that’s owed.
- Clear lease violations. When you discover an unauthorized dog or a change to paint color or appliances that was not approved, you will have to give your tenant the opportunity to cure the problem and come into compliance. When they don’t, you can evict.
- Illegal or criminal activity. Prepare to be able to prove this is happening at your property. You’ll need a lot of documentation. If you can prove it, this is the easiest and fastest eviction in San Diego.
Those are the three most common and most just causes for eviction. You can also evict when renovations or repairs need to be made to the property in order to keep it habitable or when you or an immediate family member needs to move into the property.
Recent laws, however, have made it more difficult for landlords to claim they are moving out tenants in order to renovate or make repairs. Talk to an attorney or a property manager before pursuing this sort of eviction.
First Steps in the Eviction Process
Even if you’ve worked out a payment arrangement with a tenant who is behind, you want to start the first step of the eviction process as soon as you can, just to protect your rights and to stick to a timeline.
- Serve a Three Day Notice to Pay or Quit
We’re providing action steps based on an eviction that’s due to nonpayment of rent. You always want to review your lease agreement before you do anything. Check the rent collection policy which hopefully includes information on late fees, grace periods, and the consequences of unpaid rent. Then, communicate your intentions to your tenant.
File and serve a Three Day Notice to Pay or Quit. Do this even if you agree to accept the rent later because it will keep the process moving if your tenant doesn’t hold up his or her part of the bargain.
The Three-Day Notice gives your tenant three days to pay the rent or move out of the property. In our experience, most tenants will catch up with the payment before the end of the three days. If not, you’ll have to move on to the next step.
- File an Unlawful Detainer Lawsuit
After the three business days come and go without payment or a notification that the tenants have moved out, you’ll need to go to court and file for an eviction, which is legally referred to in California as an unlawful detainer.
If you’re not already working with a San Diego property management company, consult an attorney who specializes in eviction law. It’s very easy to make an expensive mistake, and you don’t want to start the whole process over.
File the required paperwork and pay a fee. A court date will be set and your tenants will be served with information on the lawsuit and any scheduled hearings or court dates. Sometimes, tenants will come up with the rent and the eviction will be called off. Or, they’ll move out of the property and you can get it back.
- Court Appearance
If the eviction goes all the way to court, and the tenants show up, the judge may require both parties to attempt a mediation. If this does not work, the court will hear both sides of the eviction case and if you can prove the simple fact that rent has not been paid, you will be awarded a judgment. Then, you’ll get a Writ of Possession and the tenants will be given a date by which they must vacate the home. If they don’t, the sheriff will be scheduled to physically remove them from the property.
Evictions are stressful, time-consuming, and expensive. Let’s talk about how we can help you avoid them and protect your San Diego investment. Contact us at Ann Tasias & Associates. We manage investment homes in San Diego County and the I15 corridor including Poway, Rancho Bernardo, Scripps Ranch, Rancho Penasquitos, and Mira Mesa.
