There’s never really been a time in California rental history where evictions were a breeze. 

This state has a lot of tenant protections in place, and those protections keep multiplying. So, evictions have become even more complex - especially since the moratorium during the pandemic and the passage of statewide rent control and eviction protections through the Tenant Protection Act of 2019. 

You have to protect your San Jose investment property. However, rushing into an eviction never does anyone any good. This is especially true now, when there’s a backlog of evictions locally and across the country. This is due to high rents that are pushing people out of their homes and the catching up that the courts have had to do now that all COVID protections have expired. 

Avoiding eviction should be a priority, but sometimes there’s nothing else you can do. It’s helpful to understand the process, and that’s why we’re talking about how to handle evictions in San Jose. 

Just Cause Eviction Laws in the San Jose Area

If you are not a corporation and you’re renting out a single-family home, you’re likely exempt from the just cause eviction requirements that went into effect in 2020. But, you still need to have the appropriate disclosures issued to your tenants in your lease agreement. Talk to a San Jose property manager about updating your lease agreement. Explicit language is necessary and you want to make sure you’re compliant. 

If you’re renting out a property that is bound by just cause eviction laws, you’ll have to make sure you have a legal reason to evict your tenant. You cannot simply refuse to renew the lease agreement. 

Most of the San Jose rental properties that fall under the Tenant Protection Act are multi-family rentals that have been around for more than 15 years. There are a couple exceptions in which you wouldn’t be subject to the rent control and just cause eviction laws, such as room rentals. 

With evictions being so tricky, we recommend that you only evict when you have just cause - even if the law doesn’t technically apply to you.

You have just cause to evict when the tenant does something to bring the eviction upon themselves. These are some of the most popular just cause eviction grounds:

• Nonpayment of rent. This is the most common reason for eviction in San Jose. You’ll serve a standard notice to pay or quit, and then your tenants will hopefully catch up with the rent that’s owed. Talk to your property management company. We can serve property notices and make sure your lease agreement reflects all the necessary disclosures. Have an attorney review your notice before you serve it. 
• Clear lease violations. You will have to give your tenant the opportunity to cure the problem and come into compliance. When they don’t, you can evict. 
• Illegal or criminal activity. Prepare to be able to prove this is happening at your property. You’ll need a lot of documentation. 

Those are the three most common and most just causes for eviction. You can also evict when renovations or repairs that need to be made to the property in order to keep it habitable or when you or an immediate family member needs to move into the property. 

Start the Eviction Process - But Communicate with Tenants 

As we said - avoid eviction if you can. But, even if you’re establishing a payment agreement or working with your tenants to get the rent paid, you want to protect yourself and hold onto your right to evict. 

Here’s the process to follow, just in case it does come to eviction. Keep lines of communication open with your residents at all times so that you can call the eviction off if you’re able to come to an agreement about rental payments or even lease terminations.

• Serve a Three Day Notice to Pay or Quit

Always review your lease agreement before you do anything. There, you’ll see your rent collection policy which hopefully includes information on late fees, grace periods, and the consequences of unpaid rent. Once you have exhausted every other step, it’s time to communicate your intentions to your tenant. File and serve a Three Day Notice to Pay or Quit. Do this even if you agree to accept the rent later because it will keep the process moving if your tenant doesn’t hold up his or her part of the bargain. 

The Three Day Notice gives your tenant three days to pay the rent or move out of the property. In our experience, most tenants will catch up with the payment before the end of the three days. If not, you’ll have to move onto the next step. 

• File an Unlawful Detainer Lawsuit

After the three business days come and go without payment or a notification that the tenants have moved out, you’ll need to go to the court and file for an eviction, which is legally referred to as an unlawful detainer. 

If you’re not already working with a San Jose property management company, consult an attorney who specializes in eviction law. It’s very easy to make an expensive mistake, and you don’t want to start the whole process over. 

File the required paperwork and pay a fee. A court date will be set and your tenants will be informed. Sometimes, tenants will come up with the rent and the eviction will be called off. Or, they’ll move out of the property and you can get it back.