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Reasons to Legally Evict Tenants in Irvine, CA

5 Legal Reasons to Evict Tenants

By , 9:00 am on

Irvine is an ideal housing market for real estate investors looking to derive rental income from their residential properties. The allure of a planned city with a high quality of life, safety, and prosperity can translate into handsome rental payments for landlords, but this does not exempt them from potential issues that may arise after a lease agreement is executed.

Rental contracts spell out clauses, conditions, rights, and responsibilities for all parties involved. These contracts cannot be arbitrary. They must adhere to the tenancy laws promulgated by the California Civil Code. Landlords must understand that leasing means the tenants can legally occupy the dwelling stipulated in the rental agreement. This means a landlord who wishes to take back the property must either wait for the term to finish, ask the tenant to leave, or go through the eviction process.

Evictions are legal remedies. As such, they need valid and legal reasons to be carried out. After purchasing and renting out real estate in Irvine, CA, here are five legal reasons for eviction landlords should keep in mind.

1. Failure to Pay Rent

This is the most common reason for evictions in California and across the United States. Not making monthly rent payments is not limited to tenants who refuse to pay. If they are habitually late with payments, an eviction case may be brought to court as long as landlords follow Section 1161 of the California Code of Civil Procedure, which requires a three-day notice prior to the court filing.

2. Violation of Lease Agreements

Let’s say an Irvine landlord agrees to rent his or her house to a family of three. If the landlord later finds out two more adults have moved in, a three-day notice to cure can be issued prior to going to court. If the lease agreement violation is egregious, an unconditional notice can be filed, but landlords must make sure they are living up to their end of the contract.

3. Major Zoning Violations

This reason is uncomfortably common in Southern California. Tenants who decide to start running a business from their rental homes are often caught by city inspectors. In some cases, landlords are surprised by a zoning violation notice explaining their property has been turned into a neighborhood restaurant.

4. Criminal Use of the Rental Property

When renters turn their apartments into narcotics storefronts or into houses of ill repute, landlords have every right to evict. In fact, they may get assistance from local law enforcement agencies and from the courts.

5. Termination of Month-to-Month Tenancy

If a 12-month lease contract ends, landlords and tenants may come to a verbal agreement to keep the tenancy going on a month-to-month basis. This agreement can be terminated amicably by both parties or by means of eviction as long as the landlord issues a 60-day notice to vacate. If the landlord does not properly follow Section 1946 of the California Code of Civil Procedure in this case, the tenant could easily extend his or her stay with a strategic claim.

From Columbus Grove to Woodbury, Irvine real estate owners are choosing to become landlords. If you’re looking for a great property to purchase and rent to tenants, enlist the help of a local real estate agent who can help you find the property you’re looking for. Get in touch with OC Residential today at 714-454-6304.

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