How to Argue Eviction for Nonpayment for the Landlord
When a tenant misses several rent payments, is consistently late with his rent or is intentionally withholding rent, you can begin the process of eviction, according to California Courts Self Help Center. Eviction for nonpayment can be a fairly streamlined process, as this eviction cause is more common than others. But even in the best case, filing for an eviction can be stressful. Knowing what to expect will help you follow all the steps in this legal process.
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Things You'll Need
- Copies of lease agreement, and/or:
- Notices
- Eviction complaint
- Other filed paperwork
Instructions
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Deliver a written notice to quit the property to your tenant. The notice period is different from state to state, according to RentLaw.com. Consult your state's landlord and tenant laws to determine the proper time period the tenant gets prior to termination. The average notice period for nonpayment evictions is between three and five days. Include a clause stating that if the rent is paid in full prior to the termination, the lease is reinstated.
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Go to your local district, justice or housing court if your tenant has not paid the late rent or made other arrangements regarding the rent payment. File the eviction paperwork with the Clerk of Courts, according to California Courts Self Help Center. Copies of the notice and lease agreement are usually filed with the paperwork. Common names for an eviction filing include unlawful possession, unlawful detainer or eviction complaint. Arrange for the tenant's summons by hiring a private process server or asking the court if it provides a process server. You receive the court date from the Clerk after filing.
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Go to the hearing on the court date you were given. If the tenant does not respond to the summons you may not need to attend a court hearing. You get a default judgment against the tenant. Bring copies of your written notice, the lease agreement and documentation of any interaction between yourself and the tenant over the course of the eviction process, according to California Courts Self Help Center.
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Present the copies of the lease agreement and written notice as evidence. Explain to the judge that the tenant has not made an attempt to pay the rent or could not arrange a satisfactory payment plan to catch up with the rent. If the tenant is behind several rent payments, you may need to show the unpaid invoices or rent ledger as well. In many cases the tenant cannot defend against the lack of payment and the eviction judgment is rendered against him. The sheriff serves the tenant with the eviction notice and will physically evict the tenant if he does not leave your property in the allotted time period, according to FreeAdvice.com.
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References
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