Nowadays it is very common to file for eviction due to violations of the lease agreement with a tenant or because this tenant failed to pay rent. There are, however, other instances in which an eviction can start without having a fault in the file. Since the technicalities and nuances of legal action are so varied and detailed, the best answer is to have a legal representative to count on and to take care of your interests as a landlord.
Commercial Evictions
When a commercial unit is rented there are rights and duties to be followed and respected by both parties, tenant, and landlord. At some point, if the relationship cannot continue, you must start an eviction process and regain control over the property. This sometimes entails the fact that the tenants will have to stop their business while they relocate. However, renting the space is your source of income and business, so you have to guard your interests as well.
Different notices can be given to a tenant that is at fault. These notices can give the tenant three days, five days, 30 days or even more time to leave the premises. If there is a debt after they have emptied the space you have to file another complaint to get your money back.
Residential evictions
In case of a residential eviction, it is essential to have a proper attorney to represent you. You can find more information about the type of attorney to hire if you want to perform Express Evictions. You have to make sure you respect the right of your tenants at all times; this can be done with the correct legal procedures and the right guidance. Don’t ever try to force your tenants out of the property earlier than what was established in the eviction process.
Types of notices to use in Riverside, CA
A three-day notice to pay or quit
This is one of the most common types of notices issued to tenants. Mainly because they are late in paying their rent. With this notice, they have three working days to pay what the lease agreement establishes as rent, in full. No partial payments should be accepted, and no partial payments are going to stop the landlord from starting the eviction process.
A notice has to have the following information: the amount of rent owed, the name of the landlord and his or her contact information, details on how to pay rent.
There is also a variant of this type of notice, a three-day notice to cure the breach. In this case, the tenant has to solve the issue or problem that is causing annoyance. It could be some sort of property damage, an annoyance to the neighbors, pets that are not allowed, etc. This will depend on the terms established in the agreement. Both parties have to be clear about the rights and duties involved in this tenant-landlord relationship.
30-day and a 60-day notice to vacate or quit
These two types of notices are given without having to declare a reason for eviction. The landlord just wants to regain control of the property and the period of time for moving out is reasonable. The 30-day notice corresponds to those tenants that have been living in the property for less than a year, while the 60-day notice is for those who have lived in the property for a year or more. Keep in mind, for the 60-day notice, it is for a rent-paying tenant, not an occupant who is staying for free and has never paid rent, such as a family member.
Try to have a cordial and respectful relationship with your tenant because it is prohibited to evict someone for a retaliatory reason. If your relationship was not cordial, the tenant might use this behavior against you in court and try to prove you are evicting them because of some discriminatory or retaliatory reason.
What about the 90-day eviction notice?
This type of notice is given to those tenants that are under section 8, and it helps protect at-risk tenants under Riverside Law. They have the longest period to vacate the rental unit. With this type of eviction weekends count (unlike the three-day notice).
Hopefully, this information has set you on the right path towards a successful eviction process. Any doubt remember to contact your attorney for more information and guidance.
