Eviction procedure for failing to keep up a rental unit

You can make up whatever you want, but if you want Real Life(tm), you can probably find a summary of California rental laws and any San Diego quirks with a short web search. That's Landlord 101, the bread and butter of daytime court TV shows.

Evictions are usually a clearly defined process. However, if a landlord decided to grant an extension before starting the process there shouldn't be a problem.

You'll need to weave a court proceeding into your tale. The Sheriff does the evictions pursuant to a court order.

http://www.sdsheriff.net/csb/evictions.html

I don't know the details but I think you've got one thing mixed up--"served a formal eviction notice."

A landlord doesn't and cannot serve an eviction notice. They have to go to the court to grant such a notice which will be executed by marshals okay, sheriff (not by the landlord's bouncers).

Have you checked out San Diego Court system's Landlord/Tenant (Unlawful Detainer) page?

I think for your scenario, the easiest way is landlord threatening to throw him out, then they negotiate, and eventually come to mutual agreement, all the way without actually involving the court/cops/teenage ninja turtles.

Or, you could have the building sold, or a new property manager hired? Perhaps because the current one was cutting the tenants too much slack?

First question is whether the tenant has a month-to-month term or a lease, running for X amount of length. If the lease is month-to-month, then all the landlord has to do is refuse to renew the lease at the end of the month. If it is a lease, the landlord is going to need to have public health department determine the apartment is uninhabitable, and then start eviction proceedings.

Hardcore tenant in this situation, as long as he or she keeps up with the rent, can make this last for a year or more.

Personally instead of the landlord, I'd use public health. Have a neighbor complain, and the initial contacts being that the place is still habitable but just barely, with the ending being that the public health shows up with the sheriff and red tape. Apartment is declared uninhabitable and your character is thrown out and told he or she is not allowed back in. Then during the night, the tenant sneaks back in and starts getting serious about cleaning. When public health arrives the next morning, they're amazed with the progress, do some yelling, but are also willing to work with your character.

Best of luck,

Jim Clark-Dawe

Also, what state? Many have laws that prevent evicting someone from their home unless there is an alternate place to go. Getting evicted for a public health violation is tough in Florida, even if the tenant hasn't paid rent. Usually, the home has to be condemned and then it is often bulldozed afterward.

Besides, the lease still rules. Many leases have a community standards clause that can begin eviction proceedings. Write this as you need it and it can easily be both legal and believable.

Jeff

Sera Trevor said:

He always pays his rent and refuses to let anyone into the place, which is perfectly legal to do (the manager tries to use the excuse of checking fire alarms, but his was already checked the month before she got in the job.)

Click to expand...

Pest control is a reason to need access.

In almost every state and every lease I've signed, management access to a unit cannot be denied, provided it is at reasonable hours and for a legitimate reason. But the real question is what you need to have happen for your story.

Jeff