What Do You Do When a Tenant Doesn’t Pay? How to Evict in San Jose

One of the questions that landlords often mind most terrifying is: what happens if the tenant doesn’t pay rent? First, I advise that you do something that might be a bit uncomfortable, and that is – go and talk to the tenant. Go to their door, knock on it and see if you can find out what is going on. Take a 3 Day Notice to Pay or Quit with you.

Once you finally get the opportunity to talk to your tenants, don’t be afraid to ask how they plan to become current with their rent. We have had situations where plants or companies do a layoff for one week, and there might be a reason that affects the tenants’ capacity to pay. If there is a reasonable plan to get caught up with what is owed in rent, it might benefit you to work with them. Perhaps they can pay half of what they owe right now, and then get you the other half in a week, when they get paid. If there is a simple way to get them back on schedule, do it.

Tenant Pay How to Evict San JoseTry not to force a vacancy if you don’t have to. With a vacancy, you’ll lose rent that you can never recover. Serve the 3 Day Notice just in case. Even if you and your tenants come up with a plan that everyone agrees to, give them the notice just in case. Tell them it’s nothing to worry about, but explain that you have to serve it to protect yourself and ensure the rent does get paid in full. This way, if the tenants do not stick with the payment deal, you have already started the clock on the eviction process. You don’t want to wait and start it all over again in three or four weeks.

If you do need to move forward with an eviction, make sure you use a competent attorney who does evictions and concentrates on landlord tenant law as a specialty. You don’t’ want to go to the family will attorney for help in removing tenants who aren’t paying rent. Typically, the lawyers who specialize in landlord tenant law are the most reasonably priced. They also have the process nailed down, and they will be able to provide the best service to you. When you go to court and the judge recognizes your attorney, you know you’ve got a good one.

Please contact us at Aborn Properties if you have any questions about how to avoid or proceed with an eviction when your tenants do not pay rent.

Tags:

2 Responses to “What Do You Do When a Tenant Doesn’t Pay? How to Evict in San Jose”

  1. Deanna Hansen December 31, 2013 2:16 pm
    #

    It’s interesting that you suggest getting partial rent and agreeing on getting the balance at some point from your tenants. Certainly working things out with tenants may prove a better option than initiating an eviction process. Here at Aapex, if eviction is inevitable, we suggest to make sure the appropriate eviction notice is provided and delivered correctly. The last place you want to be in is in front of a judge who finds your notice to be improper, throws your case out of court and forces you to start the whole time consuming process over again. We have a blog on eviction you might want to look at:

    http://blog.aapexpm.com/hayward-investment-property-how-to-evicting-tenant/

    thanks,
    Deanna

Trackbacks/Pingbacks

  1. How to Be a Landlord in San Jose When your Tenant is a Hoarder | San Jose Property Management Blog by Aborn Properties - May 22, 2013

    […] about the damage hoarding does to your unit. It can be a real health hazard for your property. Be prepared to terminate the tenancy if you have to. You need to be firm, and if you used a proper lease that says tenants cannot lay waste to the […]