Property Management Blog

Eviction Process Explained by a Five Star Property Manager

Eviction Process Explained by a Five Star Property Manager

In San Mateo County in December of 2017, the eviction process includes some protection controls for tenants. However, the eviction law is subject to change, and we’re always following the new developments. In San Francisco, to the north of us, there are stronger eviction protection controls in place and to the south in Mountain View, there are also some eviction controls. It’s actively being worked on by several organizations around the area. As it stands right now, we have a process in place for evicting a tenant that follows a few important steps. 

How to Evict a Tenant: Serve Notice

The rent is due on the first of the month. If there’s no rent payment on the first, and it doesn’t come in after the third of the month, you or your property manager need to issue a Three Day Notice to Pay or Quit. This notice starts the time clock for the legal process. The tenants have two options: they can pay the rent right away, or they can leave the property. If they fail to do either one of those, you can then begin the process of an eviction in the courts.

How Eviction Works: Professional Help

For a process like this, we always recommend getting legal assistance. We can facilitate the process, but in the Bay area, things can get litigious. It’s best to spend a little money and have this done properly. The attorney will file the appropriate paperwork with the court, serve the tenant, and set a court date. Sometime during this process, many tenants will either pay or leave the property. But if they don’t, you’ll get a court date that’s three or four weeks after that first notice is served.

How Does Eviction Work: Gaining Possession

Both sides go to court and argue their cases. If there’s no valid reason for the tenant not to pay rent, the court will side with the owner. You’ll get a Writ of Possession, which will be given to the property management company or the owner. A sheriff will be scheduled to come to the property and physically remove the tenants if they’re still in possession. This is the worst case scenario and usually it doesn’t come to that. But, it is the typical process in San Mateo County.

Property Management Burlingame

At the end of the day, we hope you never have to deal with eviction. You can avoid it by bringing in top quality tenants who have high credit scores and verifiable income and rental history. Or, hand this job off to a qualified property management company to better protect yourself. If you have any questions about tenant eviction or anything pertaining to Burlingame property management, please be sure to contact us at Five Star Property Management.

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