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Evictions: Common Mistakes Made During the Eviction Process

Evictions: Common Mistakes Made During the Eviction Process

In the life of every landlord, there will usually come a time when they need to evict a tenant. The question is: how do you do it right?

See, evictions in San Diego are still a lengthy process. If the landlord wants to regain possession of their property right away, they'll have to skip some steps. As a result, they'll often find themselves in an even worse situation.

Want to ensure that your eviction goes smoothly? Here are three common eviction mistakes you'll want to avoid.

Engaging in Self-Help Eviction

Self-help eviction refers to disregarding the legal eviction process. Instead, the landlord will try to force the tenant out of their property.

Most self-help evictions will involve intimidating or harassing the tenant. The landlord may also try to lock out the tenant or make their living conditions miserable by shutting off their utilities.

Needless to say, none of this is a good idea. For starters, doing any of the above makes you liable for legal action. As frustrating as it is to have a bad tenant, it's your responsibility to not make the situation worse.

Other than being illegal, self-help eviction can be dangerous. No tenant will be happy if they see their landlord taking the matter into their hands. If the situation is dire enough, they may resort to violence.

Not Giving Proper Notice

Before evicting a tenant, you need to present them with a Notice to Quit. The notice will list the reasons for their eviction.

Giving an eviction notice doesn't have to mean the tenant is at fault for it. For example, you may decide to take your rental property off the market. In this case, the tenant will have no other choice but to leave the property.

The reason for eviction will also dictate how far in advance you need to give notice. Minor issues, such as removing a pet, require a three-day notice. In San Diego, the notice period can be as long as 60 days.

If you don't give the Notice to Quit, it's much harder to evict the tenant. The same applies to not providing the notice far enough in advance. Oftentimes, you may even need to start the whole eviction process over.

Not Having Relevant Evidence

As far as eviction tips go, having evidence is all but essential. When you start an eviction process, the burden of proof is squarely on you.

For instance, let's say you want to evict a tenant over not paying rent. You'll need to prove that by bringing the relevant bank statements. You'll also need to provide correspondence with the tenant about their unpaid rent.

Beyond these examples, the court may require additional documentation. Other pieces of evidence you may need include:

  • Signed lease agreement
  • Copy of Notice to Quit
  • Complaints from other tenants
  • Pictures of damaged property
  • Inspection checklist

Get Help With Your Evictions Today

At the end of the day, the eviction process has many moving parts and potential complications. By following this eviction guide, you can ensure you won't make any major missteps.

Looking for professional help with evictions? If you live in San Diego, our experienced property managers can take care of this for you! Contact us here to learn more about our services.