Unlawful Detainer - Evictions
What comes to mind when you have a tenant who is not paying their rent?
Speed. Speed at removing the non-paying tenant as fast as possible. At Pirrone & Pirrone, LLP we understand you have a mortgage to pay, tax liability and perhaps another career besides managing your hard-earned investment property. That's why as soon as we are hired as your attorneys, we start working on your case that same day. Often within hours of speaking with you over the phone, we can file and put out for service an Unlawful Detainer action, or issue a 3 Day Notice to Rent or Quit. The entire process usually requires only between 3 and 5 weeks. Experience dictates that it is critical to initiate an Unlawful Detainer lawsuit as soon as possible; the chances of collecting past rent are inversely proportional to the amount owed.
An Unlawful Detainer action is a special court proceeding to evict someone from the place where they live. This usually happens when a tenant stays after the lease is up, the lease is cancelled, or if the tenant does not pay the rent that is due.
When the landlord wins, they'll get a "judgment for possession" and the tenant has to move out. The sheriff can enforce this judgment. This means the sheriff can physically make the tenant leave.
Why use an attorney to do your eviction for you?
- The attorney fee includes representation in trial if the eviction is contested.
- We handle everything for you.
- You will avoid confrontation with your tenant.
- We evict non-paying tenants efficiently and quickly, and put you back into possession of your property so you can go on with your life and stop loosing money.
Remember to keep in mind the following:
- Make sure you include rules regarding pets in your rental agreement.
- Disclose the tenant's liability for attorney fees.
- Avoid accepting rent on a progressively late date.
Notes Regarding Eviction
- Do not announce your intention to terminate the tenancy in advance of providing the proper notice, as this only permits the tenant to lodge malicious complaints.
- After a date is chosen for eviction, do not notify tenant of the exact time the Sheriff will be arriving.
- At the time of eviction, you must have a locksmith on standby, as the Sheriff will not break down doors and windows to gain entry.
Three Day Notice to Rent or Quit
Of course, a late paying tenant is better than no tenant, so make it easy for your tenant to pay you by permitting payment to be made at a location where payment can be accepted, and include a phone number where the tenant can reach you. Try to serve it personally, and if this is not possible substituted service is acceptable. Just remember that the three day period begins the day after service, and Sundays are not counted at all.
(SAMPLE)
THREE (3) DAY NOTICE TO PAY RENT OR QUIT
To Fregh Loater, tenant in possession of premises located at 11357 Medth Street, California City, California 91234.
Within three (3) days after service of this notice, you are required to pay the rent now due and unpaid for the premises at 11357 Medth Street, Hayward, California 91234, a total of $ 950.00 representing rent due for the month of January 2005 or to deliver possession of the premises to the Landlord. Payment shall be made to Mr. Ohner at 1600 Pennsylvania Avenue, Hayward, CA 94235, between the hours of 9:00 a.m. and 6:00 p.m., Monday through Friday. You may contact me at (555) 555-5555 to arrange for another time as well.
Your failure to pay the amount demanded, or to deliver possession of the premises within three (3) days, will cause the Landlord to initiate legal proceedings against you to declare a forfeiture of your rental agreement, to recover possession of the premises, and to seek judgment for the rent owed through the expiration date of this notice, with damages for each day of occupancy after that date.
You are further notified that the Landlord elects to declare the forfeiture of the rental agreement under which you hold possession of the premises, if you fail to pay the amount of rent demanded above.
Date: January 5, 2005 _______________________
Lanhds Ohner
Landlord
