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Updated 6 months ago on . Most recent reply

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Wai Chan
  • Rental Property Investor
  • San Diego, CA
42
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San Diego eviction process

Wai Chan
  • Rental Property Investor
  • San Diego, CA
Posted

Has anyone gone through a at fault eviction process with tenant in the City of San Diego recently? I am considering evict my tenant with at fault just cause due to the lease violation (

parking, trash, common area cleanliness). I heard that the waiting time for a court trial is 5-6 months and another 2 months for having the sheriff to remove the tenant (only one police office in the whole city of San Diego to execute the writ of possession now). I have called a few places and the cost is about 8K from start to finish. I know there is a new tenant protection law but the waiting time is extremely unfair to landlord. On top of the eviction fee, I would need to consider not getting any rent for 7-8 months? Is it that crazy?

Can anyone share a recent experience to evict tenant in San Diego?

Most Popular Reply

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Dan H.
#4 General Real Estate Investing Contributor
  • Investor
  • Poway, CA
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Dan H.
#4 General Real Estate Investing Contributor
  • Investor
  • Poway, CA
Replied
Quote from @Nicholas Coulter:

Havent gone through it personally but that sounds like a nightmare! You think the tenant would be up for a cash for keys?


 I hate cash for keys.  It encourages this behavior, increases the odds they will repeat the behavior, increases the odds that another LL will get to experience thus from this tenant, and in the long term increases the chance it will happen to you again. 

I suspect I have had some luck combined with screening my tenants well.  I have had tenants ask about cash for keys.  So far 100% of the time I have gotten tenants to vacate by explaining the consequence without paying $0.01.    I explain I will proceed with the eviction, the eviction will show with any decent credit/background check and will negatively impact their credit score, that I will attempt to garnish future wages, and that it will be very difficult for them to ever rent a nice place in a low vacancy area like San Diego.

As part of my tenant criteria: no evictions ever (no excuses accepted), decent credit (I want tenant to have credit such as they do not want it to take a significant hit, strong LL references and in the add I specifically specify paying rent alone does not suffice for a strong LL recommendation.

I recognize with my number of units and how many years I have been a landlord, I have been fortunate to never having to evict a tenant and at some point my good fortune in this matter will end.  When it does happen, I will not offer cash for keys and will do what I told them I would do.  I do expect this will cost me more (possibly much more) in the short term than offering cash for keys.   In the long run, it likely will reduce my odds of having to do additional evictions.  

The best part about not paying for keys is I will sleep like a baby knowing the tenant was not rewarded for $crewing me over.   

Do not pay a tenant to screw you over.  


  • Dan H.
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