Eviction is one of the touchiest areas of landlord-tenant law. Perhaps you need help evicting a tenant. Maybe you need representation during your eviction hearing. At BPE Law, our real estate law team is prepared to help you understand the eviction process and will take care of all eviction-related legal work in an efficient, cost-effective manner.
Legal Representation During The Eviction Process
Whether you are a landlord or a tenant, it is essential that you work with a qualified attorney during the eviction process. Working with an attorney from BPE Law will ensure that you fulfill your court obligations and that your case can proceed quickly. Your attorney will explain the eviction process to you and will help you to understand the financial and legal repercussions of filing or facing an eviction.
Eviction is used to remove problem tenants from a rental home, condo or apartment. This process can also be used to regain control of a commercial property should the renter fail to make all rent payments on time. It’s important to understand that eviction is a process requiring a court filing. If a landlord attempts to evict a tenant and the tenant contests the eviction, a hearing will be scheduled before any action can be taken to remove the tenant from the premises.
Eviction Under California Law
Individuals who are evicted in California face an unlawful detainer suit. While landlords have the power to evict tenants, they can only do so under certain circumstances. Landlords who want a tenant who has followed a lease agreement and made all rent payments in a timely fashion to move out may not pursue eviction. Instead, they must give tenants a 30-day notice.
Eviction Services for Landlords
Landlords who need to deal with problem tenants have turned to BPE Law for assistance for nearly 20 years. At BPE Law, we understand the intricacies of landlord-tenant law and can assist you as your pursue action against a problem tenant. Remember that it is always best to have a qualified attorney prepare all eviction papers and make court appearances on your behalf.
Preparation of Eviction Notices
Before you can present an eviction notice to a tenant, you must give them a paper popularly known as the three days to pay or quit notice. This notice is designed to let tenants know that if they fail to pay their rent or move out of the rental property within three days, you will pursue legal action against them. After the three days have expired, you can begin the formal eviction process.
The tenant will be served with an eviction notice. A representative of the court or process server should take this notice to the tenant to avoid any allegations that you are attempting to evict tenants without providing proper warning. At this point, the tenant may choose to accept the eviction and leave the property or may fight the eviction in court.
Representation During Eviction Hearings
If a tenant chooses to dispute an eviction, the case will be placed on the court calendar. Your BPE Law attorney will work with the court clerk to ensure that there are no delays in scheduling your case. Your attorney will then appear in court on your behalf and will answer any questions that the judge has about the eviction. So long as you have followed the appropriate steps to evict a tenant, there should be no major issues during the hearing.
Judgments and Collections After Eviction
It is the duty of a sheriff’s deputy to ensure that an evicted tenant leaves a rental property. However, it is up to your attorney at BPE Law to collect any back-due rent and legal fees from the tenant. In some cases, your attorney will need to secure a judgment from the court in order to collect the money that you are owed.
Eviction Help for Tenants
In some situations, tenants are unfairly targeted by landlords for eviction. Landlords who wish to evict tenants for any reason other than failure to pay rent or follow the terms of a lease contract are usually acting outside of their legal bounds. Because landlord-tenant law is so complex, it is essential that you are represented by a qualified attorney in court. Your BPE Law attorney will help you understand your eviction notice and will advocate on your behalf.
Professional Representation in Eviction Proceedings
If you need professional assistance preparing an eviction notice or need in-court representation for an eviction case, please call us today at 916-966-2260.