As a homeowner who rents out rooms, you have certain rights. One of them is to evict tenants who fail to uphold their part of the contract. If tenants do not act appropriately, it might be best to have them removed from your property. However, some individuals are not willing to leave the premises without a dispute. At Chung & Ignacio, we have listed key steps to help you evict that bad tenant, so you can make room for a new one.
1. Understand Eviction Laws
Before you endeavor to remove your tenants from the property, it is important to understand eviction laws and the Landlord and Tenant Act, so you are in the clear. In most cases, the lease agreement should articulate landlord/tenant expectations.
Remember, there are certain things you cannot do, which include:
- Lock-out the tenant
- Change all locks
- Remove the tenant’s belongings
- Physically remove the tenant
- Shut off the tenant’s utilities
- Harass the tenant until they leave
2. Have a Valid Reason
It is important to have a valid reason to evict your tenant, especially if you have to go to trial. The judge will not accept something like, “I felt like it.”
Some reasons to evict a tenant are:
- They did not pay rent
- They violated lease agreements
- They committed safety and health hazards
- They significantly damaged your property
3. Give a Formal Eviction Notice
If your tenant does not comply with your rules and regulations, you must give them a “notice of eviction” to have them removed. This notice should include a deadline for the tenants to move, the amount owed in fees, and give a number of days before you file your eviction in court.
4. File Your Eviction in Your Local Court
You must file an eviction with your local court where they will make you pay a fee. The clerk will set up an appointment for your hearing and summons your tenant on your behalf.
5. Attend Court Hearing
Before your court date, make sure to prepare your argument before you present your case to the judge. It helps to have an attorney plan your case. You will want to gather your evidence and information. On the actual date, you will present your materials before a judge. They will then decide on whether the tenant can stay or must leave.
6. Evict Your Tenant and Collect Past-Dues
If your court hearing goes well, and hopefully it will, you will then be able to remove your tenant from your property. You will also be able to file claims to collect rent that is past due.
Landlord and tenant disputes can be complicated. At Chung & Ignacio, we work hard to protect the rights of homeowners who have unruly tenants. If you need to evict someone on your property, contact our Rancho Cucamonga civil litigation attorneys today.