Common Mistakes Made By Landlords In The Eviction Process

If you are in the property rental business, it is only a matter of time before you will have to evict someone from your dwelling. This article explains how to avoid some of the more common eviction mistakes committed by landlords when evicting a tenant from their property.

Self Help

Filing an Unlawful Detainer action is the only legal way to get your property back if a tenant violates the conditions of the lease or California law. Any eviction method you use outside the California statutes is unlawful and may subject you to liability to the tenant for actual damages, consequential damages and statutory damages and penalties. For example, you cannot:

• Change the locks on the rental unit to deprive access to the tenant

• Shut off any utilities such as hot water, gas or electricity, or even cable or internet.

• Harass or intimidate the tenant in an attempt to get the tenant to move out

These types of tactics are all illegal and against the law. As the landlord, you can even be arrested for engaging in some or all of these types of activities. This is true even if the tenant was not paying the rent. You still have to follow the eviction laws even if the tenant is not paying you.

Further, from a practical standpoint, illegal self-help eviction methods such as those enumerated above will cause conflict and only make a bad situation worse. Do not take the law into your own hands and risk your life or risk hurting a tenant, which could result substantial adverse consequences.

Failing to Give Proper Notice

The first step in the eviction process is to properly serve the tenant with a valid eviction notice which either specifies the reason you are evicting him, or that you otherwise are terminating the tenancy. If and when the case goes to court, the first piece of evidence the judge will review is your notice to determine whether it complies with California law. If there is any defect in the notice or how the notice was served, the judge will throw your case out of court without reviewing any other issue presented in the lawsuit. You would have to start the process all over again if you don’t do the notice the right way the first time.

Lack Of Evidence To Prove Your Case

The day for trial will come when you have to appear in court for the Unlawful Detainer Lawsuit by which you will be asking the Judge for a Judgment and a Writ of Possession to evict a tenant. You need to be prepared with all your documents and evidence. This will always include the Notice to Quit and the Rental Agreement. It may also include correspondence, emails, text messages, etc. between you and the tenant.

Having insufficient evidence is one of the big mistakes landlords make when pursuing evictions against bad tenants. A landlord can go to court and make verbal or oral claims about non-payment of rent, for example, but without concrete evidence the judge or jury may not be convinced. Keep in mind, it’s the Plaintiff landlord’s burden to prove his or her case. Make sure you have all the records you will need, including bank statements and tenant ledgers with you.

Also, if you are seeking to evict a tenant for physical damage to the rental unit, back up your claims with evidence, including photographs, videos, and bills from any contractors you hired to fix the damage. Your testimony about the damage is important, but may be insufficient to prove your case without visual or documentary proof corroborating your position.

If you come to court without the right paperwork, you would have to come back and start the process all over again. It can drag on for a long time and will be inordinately expensive if you don’t come prepared the first time. In addition, if you lose, the judge could require you to pay the tenant’s attorney’s fees and court costs such as filing fees. Normally, the prevailing party will be awarded attorney’s fees if there is a lease agreement containing an attorney’s fee clause. You will also be stuck with a non-paying tenant for as long as it takes to get the job done correctly.

Lynx Legal Service has been in business for fifteen years and has handled over 12,000 evictions during that time. We will ensure your documents are in proper order so that you can avoid the pitfalls discussed above. Please contact us at 888-441-2355 if you are ready to start a case or if you have any questions regarding the above issues.