How Do I Evict a Tenant Using a Deal to Buy?

Evicting a tenant is nothing new in the real estate business, but many landlords and tenants are unaware that flooding can happen when the tenant has signed a contract to buy a home. A contract to buy, often known as a rental purchase agreement, allows the tenant to cover rent for a specified period of time plus an option fee in exchange for an exclusive right to buy the property at the end of the lease period. The option fee is applied toward the down payment used to buy the home, and lots of contracts allow lessees to apply a portion of their rent payments toward the deposit. When a tenant fails to meet the demands of the agreement, state laws provide landlords options. Including evicting a tenant, which also causes the tenant to forfeit the option fee and any rent credit toward the deposit. Back in California, the landlord has the right to force flooding, but a few steps must be followed by him. These measures include demonstrating grounds for the flooding, which is contested by the tenant. This condition provides the tenant with protection from an eviction on false assumptions.

Establish reasons for the flooding. Eviction can be due to the tenant’s failure to meet any of the conditions in the lease-purchase agreement. Non-payment of rent is 1 contract violation that could trigger an eviction. Tenants can also be evicted if they fail to keep the property in the manner specified in the rental agreement.

Give the tenant with a notice of intent to evict. In California, state law provides the tenant with 3 to 30 days notice prior to eviction. The 3-day time period is for non-payment of rent. The period of time for different violations of the lease-purchase agreement is generally 30 days. The tenant can avoid flooding for non-payment of rent by remitting the amount specified on the note.

Document an unlawful retainer writ, the term for California’s legal complaint against a tenant, together with the local municipal court if a tenant does not respond to the notice within the allotted period of time. The unlawful retainer writ will trigger the court to issue a summons to the tenant. The tenant then has 5 days to respond or face flooding via a hearing in the end of the 5 days.

Attend the hearing. The judge will order that the tenant has been evicted if the tenant fails to appear to answer the flooding complaint. Back in California, the parties can demand a trial before a jury or judge when a tenant responds, and the trial must occur within 21 days of the requirement.

Provide evidence of reasons for flooding when the eviction is for reasons irrelevant to non-payment and the tenant contests the eviction. If the flooding is for non-payment of rent, the tenant has the burden of evidence to prove he has paid the rent.

Wait for the tenant to vacate the premises. The judge will direct the sheriff’s office to function a 5-day note to the tenant. The tenant must evict the land within those 5 days or face a forced eviction in the end of the five days.

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