The pandemic was hard for everyone, including landlords. Eviction moratoriums gave tenants free rein to never pay rent. In some cases, landlords almost lost everything.
Thankfully, the pandemic is in the rearview mirror, which means eviction moratoriums aren't coming back. Even so, things that were once simple - like evictions - are much less so. How does one handle evictions in the Buena Park rental market today?
Today we'll look at:
- The expiration of moratoriums
- Back rent
- The eviction process
If the post-pandemic eviction process seems confusing, you're in the right place. Today we'll give a brief overview of what you need to know.
Moratoriums for Evictions Have Expired
During the pandemic, the federal government instituted an eviction moratorium. It was set to expire in July 2021. However, the state of California expanded it for an extra year to 2022.
Eviction laws in Buena Park have returned to normal, as the moratorium has likewise expired. All of this is to say that tenants in Buena Park can no longer claim moratorium rights. If they refuse to pay when you collect rent, then they are in violation of their lease.
Recovering Back Rent
Contrary to popular belief, tenants did not get to live in apartments for free during the moratorium. They owe any and all unpaid rent from that period. In fact, landlords were already able to start recovering that debt by March 2021.
To do so, you would need to appeal to the small claims court. Capacity has been temporarily expanded to handle all these claims. Trying to recover that unpaid rent by any other means is illegal and subject to penalties.
One important distinction here: you can't evict a tenant based on that unpaid rent. Unfortunately, you would need to pursue it through proper channels.
How Eviction Works Today
Even with the moratorium over, tenant rights in Buena Park remain the same. It is illegal to carry out evictions by your own means. Do not try to:
- Shut off utilities
- Change the locks
- Physically remove tenants from the property
- Harass or threaten them
You are still within your rights to perform regular inspections. However, you must leave evictions to the authorities.
How to Carry Out an Eviction
Eviction is relatively straightforward. Here are the steps to do it:
- Serve a notice of eviction
- File a lawsuit for unlawful detainer
- Serve them a court summons
- Wait for a judge's verdict
- Obtain a writ of possession
- Have the sheriff evict them
Much like any other legal case, you have to do everything above board here. Be careful what you say to tenants and do speak to a lawyer. It can take time, but eventually, the tenants will have to leave.
Manage With PMI
Evictions got complicated with the eviction moratorium, but that's now over. Landlords in Buena Park are well within their rights to collect back rent through small claims court. However, they must carry out the entire process by legal means only.
PMI Patron manages almost 200 single-family homes since 2018. Our prestigious Residential Management Professional distinction marks us out as one of the nation's premier property managers. Start working with us by finding out how much your rental can earn.
