Your step-by-step guide to evicting a problem tenant in California Sooner or later, nearly every residential landlord has to evict a tenant for nonpayment of rent, property damage, an illegal sublet (including Airbnb), or another violation of the lease or the law.
You don't always need to hire a lawyer, but you do need reliable information, particularly if your property is under rent control. Here, you'll find all of the forms you need along with clear, step-by-step instructions on how to:
prepare nonpayment of rent notices
prepare 3-, 30-, 60-, and 90-day notices
complete and serve all required eviction forms
deal with tenants' delaying tactics, and
file your "unlawful detainer" complaint in court.
Just filing an eviction lawsuit may prompt the tenant to leave. If it doesn't, you'll learn how to:
handle a contested eviction suit by yourself--and know when to get professional help
respond to a tenant's defenses and claims
evict a tenant who has filed for bankruptcy or is occupying property you purchased at a foreclosure sale, and
collect unpaid rent after you win.
Author Biography
David Brown practices law in the Monterey, California area, where he has represented both landlords and tenants in hundreds of court cases -- most of which he felt could have been avoided if both sides were more fully informed about landlord/tenant law. Brown, a graduate of Stanford University and the University of Santa Clara Law School. Nils Rosenquest has practiced housing, landlord-tenant, real estate, and business law for more than 35 years on behalf of individual landlords and tenants, small businesses, and community organizations. AV rated by Martindale Hubbell, he practices in all state and federal courts in California, and the United States Court of Appeals for the Ninth Circuit. He is also admitted to the United States Court of Claims and the United States Tax Court. In addition to helping private individuals and companies in housing and community matters, he represents non-profit subsidized housing developers and non-profit live-work communities. Apart from his law practice, he serves on the board of directors for the Chinatown Community Development Center, Inc., which supports subsidized housing and community development in San Francisco; volunteers at the San Francisco Superior Court in three departments; and teaches legal continuing education classes from time to time.