If you are a commercial landlord and your tenant hasn’t paid their rent, there are reasons for concern. You knew they were struggling, but now it looks as if they will never recover from this. You, as the landlord, have an obligation and duty to resolve this problem as soon as possible. When the rent wasn’t paid, your tenant was effectively in breach of their lease, which means that you can evict them. Your representative from your property management in Corona company can help you with the next steps.
The eviction lawsuit that is applicable to your needs is the Unlawful Detainer action. This is a straightforward process. However, it is critical that all the steps are followed properly and in accordance with the law. It is common, therefore, for a lawyer to be found who represents both parties. The property manager should have followed the law, which means a notice was filed properly and all communication between the tenant and themselves has been documented. If they have done this, then the eviction notice should be granted quite quickly.
A Step by Step Process
Serving an eviction notice should be a last resort. It is an expensive process, and you, as the landlord, can’t earn an income from your property while this is going on. Hence, there are a couple of steps you should consider first:
- Try to resolve the issue. Perhaps your tenant can come to some payment agreement with the understanding that all rent is paid on time from now on.
- You have to give your tenant a “three-day notice to pay or quit”, and this must be served properly. This must follow the right legal format as well.
- The 3-Day Notice has to be served legally and properly. This means they, or a responsible person at the property, has to be provided with the notice. A copy of the notice must be sent through certified mail and you must retain the return receipt.
- A ‘proof of service’ has to be created that demonstrates the 3-day Notice was served properly, and how it was served.
- The three day waiting period commences on the business day after servicing the notice. During this time, the tenant can pay all the rent due, which means they are no longer in violation of their tenancy and no eviction will be able to proceed. The exception is if a criminal act has been conducted.
- You must prepare and serve the summons and complaint if the rent is not paid. The papers have to be served by an independent third party. Copies of the summons, the complaint, and the proof of service then have to be properly filed, including a copy of the lease.
It is vital that no technical mistakes are made during this process, as this can delay everything. Technical errors will get picked up on, either by the tenant’s lawyer, or by the court. Fixing these mistakes will cost you a lot more money.