Mistake #1 Serve the wrong noticeIf you can’t solve the issue by talking to the tenant, or you have already tried that and failed, legal eviction is likely the only way to go. Still, very few landlords are familiar with the type of eviction notices, so they often serve the wrong one. This fact can later be used against them to dispute their case. Depending on your situation, you can serve one of the following types of notices:
- 3 Day Notice to Pay Rent or Quit – when the tenant’s rent is long overdue;
- 30 Day Termination of Tenancy – when the tenant has been living in the property for less than a year;
- 60 Day Termination of Tenancy – when the tenant has been living in the property for over a year;
- 3 Day Perform Covenant or Quit – when the tenant has violated a provision in the written rental agreement;
- 3 Day Quit – in case of nuisance, illegal property use or subletting by the tenant.
Mistake #2 Serve the notice incorrectlyEven if a landlord serves the right type of notice, but fails to do it properly, the tenant can use it against them. To avoid this mistake, pay attention to the three ways in which you can serve the notice:
- In person – the notice is served by the landlord or licensed process server to the tenant whose name is stated on the notice.
- Sub-serving – in case the tenant whose name is stated on the Eviction Notice isn’t present when the landlord or process server is serving the notice, the landlord or process server may serve the notice to a member of the tenant’s household only if they are 18 years or older. In this case, the landlord or process server has to mail a copy, as well.
- Posting the notice on the tenant’s door – in case no one answers the door, posting the notice on the door counts as legal serving. Mailing a copy of the notice is also required.
Mistake #3 Re-serve the noticeSome landlords make the terrible mistake of repeatedly re-serving the notice to the tenant who chooses to ignore the notice in the first place. By doing so, the landlord actually cancels the effects of the first notice and technically starts the procedure all over again.
Mistake #4 Accept payment during the eviction procedureIf a landlord chooses to initiate the eviction procedure, they shouldn’t accept any kind of payment from the tenant during that time, but rather wait for the case to be settled in court.
Mistake #5 Ignore critical issues that need fixingNo matter how resentful you may be because a tenant owes you money for rent or any other reason, you shouldn’t ignore it if your tenant reports an issue or emergency. These can involve plumbing issues or gas leaks, and are definitely worth your attention. In some cases, you may even have to contact your HOA manager or a San Diego property management company to ensure no further damage is done to your property. What’s more, ignoring these issues can count as neglect and your tenant can also use it against you to win the case.
Mistake #6 Enter the property without serving a 24-hour noticeEven though the property you are subletting is YOUR property, it is still home to your tenants. As such, it’s wrong to violate their privacy in a crude and inconsiderate way. Always notify the tenant 24 hours prior to visiting, regardless of whether you have already served them the Eviction Notice or not.
Mistake #7 Throw tenant’s belongings away after the evictionMost landlords are completely unaware of the 15-days period during which a tenant can collect their possessions after they’ve been evicted. Don’t dispose of your tenant’s belongings immediately after the eviction, because you will likely be asked to pay for it.
Mistake #8 Pay for individual services rather than the packageSome landlords are lured by companies who offer ‘’a la carte’’ payment plans, because all they can initially see are the seemingly low individual prices. Consequently, they don’t add the cost of each individual service and end up with a higher amount than the one they would have to pay for a package that includes all the necessary services. Unlike many San Diego companies, San Diego County Evictions offers professional counsel regarding your specific situation and the exact services you may require. We are LICENSED, REGISTERED & BONDED evictions services provider. We don’t charge per hour, but offer flat rates that enable our clients to save up to $1500. If you want a 100% personalized, professional and efficient evictions San Diego service, call us today at (619) 243-6622 or contact us online. Your eviction procedure can start for as little as $99!
Posted on: December 15, 2016