If your tenant in California is not paying rent, there are several steps you can take to address the situation.
Firstly, you should send a notice to the tenant indicating that they are in default of their lease agreement by virtue of failure to pay rent. This notice should comply with California state law and should be sent via certified mail with a return receipt requested. The notice should provide the tenant with a deadline by which they must pay the rental arrears, typically 3-5 days, or face eviction proceedings.
If the tenant fails to pay the rental arrears or vacate the property by the deadline provided, you can then file an Unlawful Detainer lawsuit. The Unlawful Detainer lawsuit must be filed in the county where the property is located and must follow the procedures set forth in the California Code of Civil Procedure. Additionally, the complaint must be served on the tenant by either personal service, substituted service, or posting and mailing.
Upon being served, the tenant has five days to respond. If the tenant fails to respond, you can request a default judgment from the court. If the tenant responds and disputes the claim, you will need to attend a hearing in front of a judge, who will determine whether or not the tenant is legally required to pay the rental arrears and vacate the property.
Once a judgment is obtained, the court will issue a writ of possession, which allows a sheriff or marshal to forcibly remove the tenant from the property if they do not vacate voluntarily. It is important to note that landlords may not use self-help measures, such as changing locks or shutting off utilities, to evict tenants.
If you have any concerns about the eviction process or other options available to you as a landlord, you should consult with an experienced attorney. Additionally, you may want to consider mediation or arbitration as an alternative to litigation, as this can often be a faster and less expensive resolution to a dispute.
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