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Rental Evictions in San Diego: A Guide for San Diego Landlords

Rental Evictions in San Diego: A Guide for San Diego Landlords

As temporary tenant protections in San Diego end, eviction rates are starting to climb. The question is: how should you handle this process?

Well, it all begins with having probable cause to evict a tenant. For instance, if the tenant fails to pay rent on time, you can pursue eviction. The same applies if they violate the lease, commit a criminal act, and so on.

It's worth noting that some evictions in San Diego don't require a cause. This applies to tenants who've lived in your unit for less than a year and have a month-to-month rental agreement.

In both cases, the eviction proceedings are the same. Read on to learn how to navigate this process while protecting your landlord rights!

Deliver a Written Notice

To initiate a tenant eviction, you'll give them a written "notice to quit." Its type will depend on your reason for eviction. If the tenant fails to pay rent, for example, you'll serve a three-day notice to pay rent or quit.

There are several ways to deliver this notice to the tenant. If they're home, you can simply hand-deliver the notice to them. If not, you can mail the notice or give it to someone at the tenant's home or place of work.

File an Eviction Lawsuit

Once you serve the notice, your tenant may have a chance to fix the issue. For instance, if they're late with rent, they'll have three days to pay it in full. If they don't, you'll need to file an unlawful detainer lawsuit.

This step involves filing several forms in San Diego County Superior Court. The filing fee for an unlawful detainer can range between $240 and $450. The forms you'll need to file are:

  • Summons
  • Complaint
  • Plaintiff's Mandatory Cover Sheet
  • Civil Case Cover Sheet

Serve the Lawsuit

The next step is to serve the forms to the tenant, but you can't do that yourself. Instead, have the forms served by someone not involved with the case. You'll also need to file a Proof of Service form with the court.

Attend the Trial or Hearing

Once the tenant gets the lawsuit, they'll have a specific period to respond. This can take either 5 or 15 days, depending on your service method. If they don't respond, you should be able to get a default judgment.

If the tenant does respond, you can ask the court to determine a date for the trial or hearing. At that time, both sides will be able to present their arguments to the court.

Wait for the Judgment

If the court rules in your favor, the judge will sign a judgment of possession. This will authorize you to direct the sheriff's office to proceed with the eviction. At this point, feel free to start looking for new tenants.

Handling Evictions in San Diego

As you can see, evictions in San Diego don't have to be too stressful. As long as you follow this property owner guide, everything should go smoothly!

Still finding the eviction process a bit overwhelming? At Investment Safe PM, we can pursue this process in your name and recover rents and other amounts due! Schedule a free consultation with our eviction experts right now!