The Proper Way to Carry Out an Eviction from a Huntington Beach Rental Property Management Expert

Every year, over 2 million evictions are filed each year.

Are you a landlord in the Huntington Beach area? If so, you may need to evict a tenant at some point.

How long is the eviction process? What should you do and not do when evicting a tenant?

If you’ve ever asked these or other eviction-related questions, check out this advice from our rental property management expert. They go over everything you need to know about the eviction process in different parts of the country.

Reasons to Evict a Tenant

Before diving into the specific eviction process in different locations, let’s touch on some reasons why you may need to evict a tenant. The following are some of the most well-known reasons:

• Failure to pay rent
• Automatic lease termination (i.e., the least is up and not eligible for renewal)
• The tenant violates the terms of their lease (subletting, damaging property, having pets, smoking, etc.)
• The tenant commits a criminal act on the property

It doesn’t matter where your properties are located. If you’re planning on carrying out an eviction, you’ll first need to have a clear reason for doing so.

Before you move forward, figure out what your reasoning is for doing so. This is all part of being a good landlord.

The California Eviction Process

Let’s say you’re renting a property in Huntington Beach and need to evict a tenant. If this is the case, you’ll need to go through these steps to get them to vacate the property.

Serve a Formal Notice of Eviction

This notice will explain why your tenant is being evicted and what they can do (if anything) to avoid eviction. It should be delivered personally if possible. You can also attach it to the door of the property if you can’t get in touch with them.

File and Deliver Paperwork

If the issue (such as failure to pay rent) isn’t corrected within the time period mentioned in the notice, the next step is to file paperwork at the courthouse in Orange County.

The paperwork you’ll need to submit includes an unlawful detainer complaint, a civil case cover sheet, a pre-judgment right of possession form, and a civil case cover sheet. You’ll need to pay a fee as well.

Await Tenant Response

After serving a summons, you’ll need to wait for the tenant’s response. They can either vacate the property within 5 days, or they need to file a response in court to challenge your lawsuit.

Go to Court

If the tenant fails to vacate the property within 5 days, you can request a court date from a judge.

Leading up to the date, you’ll need to gather evidence that verifies your claim, such as bounced checks, and helps you build a strong case. You’ll need to have a copy of the tenant’s lease too.

Have the Sheriff Serve a Vacate Notice

What happens if the tenant loses the trial?

An Orange County Sheriff will need to serve the tenant with a notice telling them they have 5 days to vacate. If they still don’t move out, the Sheriff can physically lock them out of the property.

How Long Does the Eviction Process Take?

The duration of the eviction process varies based on several factors.

For example, if you’re evicting a tenant without cause (because you need to make renovations to the property, for example), you need to give them 30 days’ notice. This extends the whole eviction process.

On the other hand, if you’re evicting the tenant because they violated the terms of their lease (this would be considered an eviction with cause), the process can go faster. In some cases, it may wrap up within a few weeks.

Most evictions take 2-3 weeks to 2-3 months. If you’re concerned about how long the eviction will take and want to prepare, consult a legal expert to get their opinion on how you should proceed.

Do You Need Help Handling Evictions in Huntington Beach?

The eviction process can be tricky, especially if you’ve never handled one before. Keep the information outlined above in mind to simplify the process and ensure things go as smoothly as possible.

Do you need more help handling evictions or other property management tasks? If so, our team at Genuine Property Management can help.

Contact us today to learn more about our services and see if they’re a good fit for you.