The Bay Area has one of the hottest real estate markets in the country. That is great for property owners, but it also means the stakes are higher. Landlords have to leverage all available tools to get the most out of their investments.
Unfortunately, that sometimes means evictions. In these circumstances, landlords must know their rights. In California, laws balance their interests with those of tenants.
This article offers a San Mateo tenant eviction guide, including an explanation of landlord rights and responsibilities. Keep reading to learn more about this process.
Termination With Cause
First, there are certain circumstances under which a landlord can terminate a lease, laid out by California law. These include nonpayment of rent, violation of lease terms, and illegal activity on the property.
Nonpayment of Rent
If the tenant fails to pay rent, the landlord can issue a written notice demanding payment in three days. If the tenant does not pay during this window, the landlord can move forward with eviction proceedings.
Violation of Lease Terms
The same goes for a breach of lease terms. This entails a "notice to quit," meaning the tenant has three days to remedy the situation or vacate. For instance, if there is damage to the property, the landlord may ask for compensation.
Serious Breach or Illegal Activity
If there is a serious breach of the contract, such as illegal activity, the landlord still needs to give three days' notice. If they feel that the activity poses an immediate danger to other residents, they might consider calling law enforcement.
Termination Without Cause
If there is no specific cause for termination, then the landlord must give 30 days' notice, if the tenant has lived in the rental unit for less than a year. If they have been there more than a year, the landlord must give them 60 days.
Eviction laws in San Mateo about rent control or "just cause" eviction require landlords to provide a valid reason for eviction. Examples include when an owner plans to sell the property or take the unit off the market. In these situations, a 90-day notice may be required.
Legal Requirements for Evictions
There are also procedural requirements governing evictions that landlords must follow. Doing so helps protect yourself.
For instance, notices of lease termination must be made in writing and be in a specific format. They must be clear, and concise, and include all relevant details, such as the reason for termination (if applicable).
After a lease has been terminated, if a tenant does not leave, the landlord must file an "unlawful detainer" lawsuit. Then, a court will review the case and make a judgment based on the evidence. This results in another notice to vacate, followed by eviction by local law enforcement (if necessary).
Learn More About the San Mateo Eviction Process
Now that you understand the requirements and rights of landlords for California evictions, you can proceed with confidence. A reputable property management company can further advise you on steps to take to protect yourself and your property.
Five Star Property Management provides the highest quality real estate asset management in the San Mateo area. We offer a variety of services, including handling evictions. Reach out to us today to learn more about California landlord regulations or other real estate matters.
