Renting a space is not something to be taken lightly. Here you’ll find advice on how to smoothly handle the sometimes difficult process.
If you own a property and you don’t currently use it, you may have decided to rent it and earn extra money. It is perfectly normal, and it is a common investment suggestion. A house, condominium or office that is rented will generate earnings for you even though you are not there working. Of course, this does not mean money will fall from heaven with no effort. There are some responsibilities to take when you are a landlord.
Among other things, a landlord has to provide a lease agreement that follows the law of the state in which the property is located. Being respectful of the law is the first condition to have a successful relationship between landlord and tenant. The landlord also has to provide a safe environment for the tenant. Safety steps may include making some repairs prior to the signing of the agreement. Once the agreement is settled, the parties have to be clear about who is responsible for future repairs or maintenance.
All these details can be somewhat tricky. There are several exceptions and rules to be followed. The best course is to find legal advice enough time before the tenant signs the lease or month-to-month rental agreement. Follow some valuable information and tips here: Eviction Notices in California.
These are some things you should consider when preparing an eviction notice for your tenant:
1.You shouldn’t allow your relationship with the tenant to control the situation.
This can sound a little harsh, but your rental property is your business, and if a tenant does not pay, they have to leave. If there is a friendship, you can try to talk about it first, to see what the problem might be. But, believe it or not, just because that person is your friend, it doesn’t mean he or she is going to pay all the time. Individuals are complicated, and the tenant renting your property is no exception. Hire a lawyer, find professional advice and follow the necessary steps.
2. Have a reason for eviction
In some cases, you don’t have to explain yourself or have “valid” reasons for eviction. After all, it is your property. But this will depend on the type of rental agreement you signed, the type of tenant and the time they already have been in the property. The best thing to do is to gather evidence that supports your reason to ask for the rent to end. About that evidence …
3. Prepare your documents for court
If you are filing an eviction notice, you will need some documentation to prove your case in court, if it comes to that. You may need some bank statements to show that payments are missing. It is a good idea to have a record of all communication with the tenant, such as emails, letters, text messages or similar. If you had a personal conversation try to have it always with a witness that could help you later in court if necessary. This is especially important for urgent eviction.
4. Make sure the tenant receives the eviction notice
The first option is to give the eviction notice personally; the tenant has to sign a receipt so as to certify that he or she has the document. This is the preferred option. If it is not possible because the tenant is nowhere to be found, you can mail the notice and post it on the property somewhere obvious, such as the front door. But you have to send it using certified mail and return receipt request. It is the only way of making sure the tenant received it.
5. If you don’t receive an answer within a week, prepare to go to the court.
This usually means the tenant disagrees and wants to fight. Remember to have your documentation ready and follow the instructions of the legal advisor or lawyer. Because there are many steps to follow, it is a good idea for inexperienced landlords to hire professionals trained to handle eviction cases and unlawful detainer hearings in court.
The last piece of advice: Don’t attempt an eviction yourself by changing locks or cutting off utilities. The results and legal trouble can end up being worse than the original issue.
