Landlord Rights and the Process of Eviction in Alameda County
You enter into a legal contract when renting your apartment or house to a tenant. This contract is called a landlord-tenant relationship. It comes with a set of legal formalities determined by the state or in some cases, federal law. Both parties need to understand the contract before signing one and adhere to the stipulations therein.
Just like tenants, landlords have rights as well. As a landlord, you can increase rent or take any step using your legal rights. Despite that, learning about the laws will keep your property safe and help in the more extended run.
Landlord Rights
The law gives you the right of selecting a tenant considering their rental history, income information, credit reference, credit check, and guarantee. However, you should avoid focusing on factors like a tenant’s ethnic origin, family status, and disability.
- As a landlord, you are entitled to collect full rent on the due date. You can also take legal action against a tenant who fails to pay rent after multiple chances.
- You can collect rent deposit after signing the tenancy or lease of the agreement. The deposit should be similar to the one rental period.
- The law permits you to visit the property regarding repair or maintenance. However, there are specific entry guidelines you must follow.
- As a landlord, you can increase the rent only once in a 12-month period.
Process of Eviction
There could be various factors that encourage a landlord to evict the tenant. A landlord can start the eviction process following appropriate eviction regulations.
For that, you may need a lawyer. You should prepare each document and legal forms accurately to get your property back without facing any obstacles. It is worth noting that court rejects eviction requests in case of incomplete records or insufficient proof.
You can run the eviction procedure if the tenant is harming your property. You can opt for the option if the renter is involved in criminal activity, possession, or tries to sell your property. You should submit proofs that a tenant has breached the lease agreement.
Moreover, you should also provide the letters you composed of advising and warning a renter regarding their undesirable activities to make your eviction request actionable.
Also, eviction protection might not approve in units where state or local program, federal law, or the housing authority determines the rent. So it is not applicable to commercial units, motels/hotels, or mobile homes where the stay is for usually less than 30 days.
A landlord must take note that he can only evict 10% of the units in the buildings with five or more units any time of the year. There is no need for a viable cause for the landlord to do this. However, for 25% eviction of the rental units, you can send notice in any year of the contract.
Bottom Line
A certified attorney can provide legal advice in the procedure of eviction saving you from the complex court proceedings. So, contact Earl Jiang at 866-263-7866 and seek legal help for your queries.