Sunday, 21 Apr 2024

All that you need to know about riverside eviction

You own a property in the City of Riverside which you bought as a source of secondary income. The first thing that strikes you is to become a landlord and have a tenant. You think that this would not only solve your purpose of earning extra income in the form of monthly rent, but it will also help in the maintenance of the property. Well, the reality can be totally opposite of this. Being a landlord in Riverside is not that easy. The possibility of non-payment of rents is quite high in this area. As a result, the process of eviction is quite common in this area.

If you want to carry out eviction process in a hassle-free way, it’s advisable to hire an eviction attorney who specializes in Unlawful Detainers in Riverside and is familiar with the court system. Unlawful Detainer is the term used for the legal process of evicting a tenant. There can be several reasons for evicting a renter. Some of the most common reasons are:

Non-payment of rent

Property damage

Troubling or threatening other tenants

If your tenant has not paid rent for a long time or he’s troubling you, and you have decided for eviction then, you need to follow a step by step process. This will help you in getting your property asap.

Eviction Process

Serve a notice:

The eviction process starts immediately after the renter failed to pay the rent and has exceeded the grace period. The very first to initiate the eviction process is issuing of notice stating that the tenant needs to either pay the due rent or has to quit the property. Generally, the first notice period is for three days (3-Day Notice to Pay rent or quit). Make sure that you fill the details correctly in the first notice.

Waiting Period: Once you have served the notice, the waiting period starts. It’s not necessary that your tenant would vacate the property within the notice period. Generally, it takes much more time to get the tenant out of your property. Once the waiting period gets over you, need to file the Unlawful Detainer case.

File Unlawful Detainer lawsuit with the court: In order to have a proper filing of your eviction case, you might consider retaining an attorney. Filing a lawsuit involves lots of paperwork. You should make sure that there should not be any mistake as far as paperwork and documents are concerned. Documents required at time of filing lawsuit include:

Lease agreement’s copy

Copy of the first notice given to the renter

Completed UD 100 form

Copy of signed proof of service

Once the lawsuit is filed with the court, you need to serve the eviction paperwork to your tenant. As per California rule, a landlord is not allowed to serve these papers to the tenant personally. Hence you need to hire someone to carry out this service for you. It is essential to get the proof of service signed by the person you hire. It generally takes around 1-2 weeks for your process server to serve your renter with eviction paper.

Posting order: In case your tenant evades service up to 2 weeks then you will need to request a judge for posting order. You might get the approval from the judge within a couple of days of filing the postal request.

Waiting Period: The renter gets 5 days to file an answer to eviction paperwork with the court. This can be considered as your second waiting period. It starts from the day when the eviction paperwork has been served to the tenant.

Caveat: In this time period the tenant might file a demurrer. In case a demurrer is filed, a date will be given by the court. The judge would make the decision regarding the eviction process.

Once your eviction case reaches the court, then you must follow the law. It is very important to follow all the rules and regulations related to Riverside Unlawful Detainer Lawsuit. For example, You are not allowed to carry out practices such as changing the property locks or removing tenants things from your property. Any practice from your side that may prove that you tried to remove the renter by yourself may go against you in the court.

In case the tenant has filed an answer with the court then you need to go through that response thoroughly. This will help you in preparing yourself for the court date. Your mental pressure will be highly reduced if you hire a professional to take care of your case. An experienced attorney will carry forward your case with utmost precision.