Real estate investment has a lot of rewards as well as a lot of risk. Some of the rewards and benefits include equity and rental income. The risks include non-payment of rent, damage or destruction of the property. If tenants do not pay their rent according to the terms of the contract, the owners may proceed with an eviction process. This process begins with the service of a three-day notice to pay or quit.
Once the landlord has given proper notice and the tenant does not voluntarily relinquish possession of the property or pay the amount due, the landlord can evict the tenant. In order to evict the tenant, an unlawful detainer law suit must be filed with the superior court. According to California Department of Consumer Affairs an unlawful detainer lawsuit is a “summary” court procedure. This means that the court action moves forward very quickly, and that the time given the tenant to respond during the lawsuit is very short. For example, the tenant has only five days to file a written response to the lawsuit after being served with a copy of the landlord’s summons and complaint. Normally, a judge will hear and decide the case within 20 days after the tenant or the landlord files a request to set the case for trial.
In an unlawful detainer lawsuit, the court holds a hearing at which the tenant and the landlord can present their evidence and explain their case. If the court finds that the tenant has a good defense, the court will not evict the tenant. If the court decides in favor of the landlord, the court will issue a writ of possession. A writ of possession orders the sheriff to remove the tenant from the rental unit. If the tenant does not leave, the writ of possession authorizes the sheriff to physically remove and lock the tenant out. The eviction process is an emotionally and financially charged process for both parties. The evidence of which resulted in fatal shooting of a Modesto Sherriff’s deputy and a lock smith earlier this year and destruction of the property fire.
If you need any help managing your properties, please contact New Bridge Management.
