If you are a landlord who wants to get rid of a tenant who has violated the terms of your lease, you need to take legal action as soon as you can. To do this, you can go through the process of unlawful detainment, in which you issue an eviction notice. In order to make the process of evicting your tenant in Orange County as smooth and effective as you can, you should get in contact with an Orange County unlawful detainer lawyer.
The right eviction attorney can reduce your stress and frustration during this time and skillfully navigate the legal technicalities and negotiations that are required in the eviction process.
At Scheer Law Group, LLP, we have proudly stood up for landlords in Orange County, CA, for decades. Our team of seasoned California unlawful detainer lawyers can listen to all of the facts of your case and help you understand what your legal options are.
Every attorney on our team has an in-depth understanding of the complex rules and regulations surrounding eviction in Orange County, and we can make sure you quickly and effectively resolve this situation so you can focus on your other responsibilities.
In an ideal world, every tenant would abide by the terms of their lease. You would receive their rent on time every month in full, and you would not have to worry about any damages to your property. Unfortunately, our world is a lot more complicated than that. If you are a landlord in Orange County, you might find yourself needing to evict your tenant if:
If you are dealing with any of these frustrating actions from a tenant, you have every right to take legal action. It is important that you follow the rules and regulations carefully, though, so that you effectively remove your tenant from your property. You should also prepare for disputes that might arise and the possibility of going to court.
If you want to evict your tenant, you are required to provide written notice to your tenant to address whatever issue you are having. For example, if your tenant is not paying rent, you need to send them notice that they have not paid and give them a time frame to fix the situation. If the situation is not one that your tenant can remedy, then you must provide notice that you are going to terminate their tenancy.
After informing your tenant of the situation by providing official notice, your tenant might abide by the notice and vacate the premises. If this happens, then you do not need to take any further legal action.
However, in the event that your tenant does not, you need to file an unlawful detainer claim to obtain a legal judgment that gives you possession of the property. To do this properly, you should reach out to the office of a capable eviction attorney in your area who can help guide you through the complicated process that awaits you. You should note that in addition to the legal fees, you will have to pay a filing fee.
Once your lawyer has filed your claim, your tenant will be informed of the legal action that you are taking against them. This action alone might be sufficient to motivate your tenant to vacate your property. If they leave after being served, then you might not need to proceed with your court hearing.
However, if your tenant still does not leave, you will likely need to go to court, as they might claim that this is a wrongful eviction. If you get to this step, it is more critical than ever that you get the guidance and support of an attorney to navigate your case.
Every instance of eviction is a bit different. All in all, the above eviction process in Orange County will typically take somewhere between 30 and 45 days. You should bear in mind, however, that your process might take longer if there are unforeseen compilations. No matter what disputes arise along the way, your eviction attorney can be by your side and help you address them.
Your unlawful detainer attorney can help you with the frustrating process of eviction in countless ways. From the very start, your lawyer can give you advice that helps you avoid errors or delays. For instance, your attorney can advise you on how to effectively inform your tenant of the issue you are facing.
While this might seem straightforward, it can be trickier than you might anticipate. Your attorney can work to make sure every aspect of the notice is clear and follows your area’s rules. The clearer, error-free, and professional your notice is, the more likely it is that your tenant is sure to understand what you are trying to communicate to them.
It is useful to have a lawyer working on your case from the beginning of the process, as they will be familiar with your situation in the event that you later have to go to trial. While a lot of cases of eviction do not go to the courtroom, if they do, you are likely in for a tense battle.
Ending up in court means that your tenant is extremely resistant to your request and that you are going to have to fiercely advocate for your rights as a landlord. This is where your attorney’s knowledge of the legal system and ability to craft a compelling argument will really come in handy.
If you go to trial, your lawyer can take care of presenting all of the evidence to the court and crafting a compelling argument that shows why your tenant needs to leave. Sometimes, you might not understand what kind of evidence you should use to present your side of the story, or you might not realize how much evidence you can point to. Relying on an attorney who has extensive experience standing up for landlords can help make the case as effective as possible.
If your trial is successful and the court decides that you are in the right, then the Sheriff will be the one to physically evict your tenant. If the court does not rule in your favor, then your tenant will have the legal right to remain in your rental property. Your attorney can help you file for an appeal of the court’s decision, depending on the situation.
If you want to evict your tenant in Orange County, California, then you need to bear in mind that there will be some fees involved. Initially, you will not have to file a fee just to notify your tenant of the issue. However, if you decide to file an unlawful detainer claim, you will need to pay a filing fee. These fees can vary, but you can expect to usually pay around a few hundred dollars.
On top of the filing fees for your lawsuit, you should prepare to pay legal fees. While you might be hesitant to invest in legal support for this process, you should weigh the costs and benefits of the situation. For instance, if you have a tenant who refuses to leave your property but is not paying your rent, then you are losing money that you could make with a different tenant on that property.
In the long term, you might end up losing more money than you would have if you hired legal support from the start of your problems with your tenant. This is because problems might continue with the tenant, costing you money and forcing you to have to hire a lawyer eventually anyway.
If you are in search of legal guidance during the unlawful detainer process or need assistance with preparing your documents, representing you in court, or quickly resolving disputes, you need a fierce attorney. You are always making the eviction process easier when you have an attorney helping you, but an attorney is especially beneficial if you are dealing with an extremely complicated case.
Our team of experienced eviction lawyers here at Scheer Law Group, LLP, has years of experience advocating for the rights of landlords. We have an in-depth understanding of the rules and regulations surrounding evictions in our community, and we can make sure that you abide by all of them.
If you are looking for a knowledgeable legal professional to help you swiftly and efficiently resolve your problems with tenant eviction, you have come to the right place. Get in touch with our office today to get started.
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