Blog Post

California Eviction Process | Carlsbad Property Management Advice to Landlords

Kyle Scritchfield • Apr 26, 2019

At North San Diego Property Management, we manage multifamily and commercial properties in the North County area , including in Oceanside, Carlsbad, Vista, San Marcos, and Solana Beach. We know that the eviction process is unpleasant to think about, but it’s important that you’re prepared. Today, we’re discussing some of the things you need to do if you get to the point that a tenant needs to be evicted.

Consult Your Lease Agreement

Most evictions are due to nonpayment of rent, and when you’re evicting a tenant for that reason, the process starts with a strong lease. Your lease agreement must be clear about when rent is due, how it is to be paid, and what the consequences will be if it’s late. If you have a grace period, the lease should reflect it. If late fees will be incurred after that grace period is over, make sure the lease addresses those. It’s always a good idea to contact your tenant at least once to let them know that the rent has not been received, and you need to know when you can expect it.

Serve a Notice to Pay or Quit

The first step in the formal eviction process is to serve your tenants a Three Day Notice to Pay or Quit. This notifies them that rent has not been paid and they have three days to either catch up with the overdue rent or leave the property. This must be in writing, and it must include several pieces of information, including:

You can personally hand the notice to the tenant or you can serve it to an adult at the property. If no one answers the door, you can post the notice on the front door and then mail a copy.

Filing for Eviction in Court

We strongly recommend that you get professional help if you need to evict a tenant. Even if you have all the documentation you need and you’re comfortable in front of a judge, a good eviction attorney will ensure the process moves efficiently and without error.

If you need help removing tenants who are not paying or who are violating your lease agreement in some other way, contact us at North San Diego Property Management. We’d be happy to help.

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