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Eviction 101: What to Do When Your Temecula Tenant Stops Paying Rent

Eviction 101: What to Do When Your Temecula Tenant Stops Paying Rent

August 5, 2014

Landlords can understandably become nervous when their tenants are two months behind in rent and they aren’t sure what course of action to take. Evicting a tenant requires a few different steps, and if you’re not sure how to proceed, consider contacting a property manager. At Reliable Realty Property Management, we help people get their rent collected all the time and when necessary, we begin eviction proceedings. If you want to do it on your own, here is how you get started.

First, you need to serve a 3 Day Notice to Pay or Quit. Do this as soon as the rent stops coming in. Once you have served that notice, wait the entire three day period. If the three days pass and your tenant has still not paid the overdue rent, you can contact a lawyer or a private service company to begin the legal eviction process.

While the eviction process is underway, you might get a call from your tenant, offering to make a partial rent payment. For example, if your rent is $1,000 and they only have $500, they might offer you what they have and then promise to pay the rest in a few weeks. If you take any money from the tenant, the eviction proceedings are halted. You’ll have to go back and start over if you want to move forward with the eviction. It’s okay not to accept the money from your tenant at this point.

There’s some waiting involved as the eviction moves through the court system. If you have a non-contested eviction, the entire process will take about 45 days. Your eviction is non-contested when the tenants do not respond to any of the legal actions you bring against them. After the 45 days, it goes to the sheriff and you will get a lockout date. If the tenant does respond to your action, you can expect to wait about 60 days. You’ll go to court and the judge will make a ruling based on the evidence and documentation. If the ruling is in your favor, you can schedule a lockout date with the sheriff. You will get the tenants out of your property and you can immediately get to work looking for new tenants who will pay the rent on time.

If you have any questions about evictions or how to proceed, please contact us at Reliable Realty Property Management, and we’d be happy to help you.