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Monday, 11 August 2014

Jeff Adams Say Six satisfactory Reasons for Evicting a Tenant in the USA

In the USA there can be a number of different systems in different states. Eviction can be take a lot of time so if it seems that there is a way to work with the occupant it may be best to do so. If you can be thoughtful to the tenant and make positive that they are aware there are problems, it may be that they will co- control and that will save time and money. 

The California state that makes it most difficult and you need to follow the law accurately. You need to be sure that the reason you are giving for the exile is a valid one or you will be sunk before you have started.

Satisfactory reasons are:-

• The tenant has fallen into arrears with their rent.

• They have dishonored the lease.

• If there has been against the law activity carried out in the premises then this will be a satisfactory reason to look for eviction.

• If you are alert that there has been drug related activity taking place then this will be counted.
• Although guns are legal, there may have been unlawful use and this will be something the court will accept as a justified reason.

• Anti-social behavior a nuisance will be taking into account. The worse the behavior the more likely it is to be accepted.

You will need to take a form to the tenant and give it to them. In some cases they may decline to take it from you so it should just be put on the floor close to them. The person who is served must be at least 18 years of age, so if the tenant is not available it can be gone with them or even at their place of work. 

As a last option it can be nailed to their door, but in all cases it will be best to mail a copy as well. There will then be 3 working days in which the tenant can respond or right the wrongs and if they don't you will need to escalate proceedings.

You will need to file three forms, a Pre-judgment Right of Possession form, an Unlawful Detainer Complaint, and a Civil Case Cover. This rules and regulations need to be taken to the court that covers the area where the land in question is located. Multiple copies may be needed and the clerk will arrange for you to have a stamped copy of the illegal Detainer Complaint and a summons. 

Then to get someone to serve the tenant with these papers and the same rules apply as to when filing the three day notice papers. There will be 10 days allowed for a response - then a further five after this file for judgment.

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