When a landlord/tenant relationship breaks down, or when a tenant refuses to vacate a property, eviction measures sometimes occur. Landlord/tenant disputes are a reality of renting property. There are laws to protect both the landlord and the tenant. The experienced real estate lawyers at the Watkins Firm are here to help.
Unlawful Detainer Process -
The landlord must provide written notice to the tenant of the default. If the tenant does not fix the default within a reasonable amount of time, the landlord must file for a "formal court eviction proceeding" - this process is commonly referred to as "unlawful detainer" actions.
The first step is for the landlord to file a complaint or petition with the local court and pay a small filing fee. The tenant must be served with the court documents. An unlawful detainer action is typically a proceeding which, unlike many civil trials, can move quickly through a court system.
Once the landlord has filed the required paperwork, a court hearing on the unlawful detainer will be set. Depending on the terms in the rental agreement, the landlord may be given a monetary judgment for the amount of money owed for rent, attorney fees and costs, and may be granted a writ for possession of the premises. A writ will be issued a few days after the judgment, allowing the tenant the opportunity to move voluntarily.
Eviction -
Eviction is a legal process by which a landlord may terminate a tenant's right to remain on the rental property. The tenant may be removed from the property by sheriff or a law enforcement official when a formal court order is in place. A tenant can be evicted for numerous reasons, but most often, evictions occur when the tenant is in violation of one or more provisions on the lease agreement. The following are a few examples of violations of lease agreements:
- Failure to pay rent on time and in full.
- Illegal or criminal activity taking place on the rental premise
- Harboring pets or people not authorized under the terms of the lease.
When you hire a real estate lawyer in San Diego, it is important to know that you have options. The Watkins Firm, with over 23 years of experience representing clients in all areas of residential and commercial real estate law, would be happy to talk to you about your situation. Please call the office for an obligation-free consultation at 858/535-1511 or you may email us at: info@watkinsfirm.com
