Advice on Rental Lease Provisions for quick eviction ?

[Richard Chang]

Hi all,

I'm considering a new tenant for a 1 year lease who has some "unpaid bills" and accordingly a poor credit score.
I am requesting a significant extra deposit ( almost 2 months ) in additional to standard 1st and Security Deposit.

Tenant has a business which he says is doing well and allowing him to recover and get a place of his own ( was with roommates ).

I want to check his Business Credit and business landlord.

I'm in the OC, CA and need to know how soom I can start eviction if rent is late
and what provisions I need in the lease.

Also, do I need an "airtight" lease agreement and who would provide this ?
Should I consult a attorney before going forward ?

Many Thanks, LA Guy

[Mitch Kronowit]

The only tenant I ever evicted was "self employed". Not to say that is a deal breaker, but our tenant also had a good credit score (>700) and still defaulted after only a couple of months. The economy is rough on small businesses, even in the best of times, and somebody with their own business would need to prove to me years (>5 at least) of steady income.

As far a taking the extra deposit, that's a very good move because you may need that money to help pay for an eviction, which in California can cost at minimum $1,000 in legal fees alone and much more if your tenant knows how to drag it out. Is this the best applicant you can find?

If the unit is unfurnished, you may only hold a maximum security deposit equal to two times the monthly rent. Your posts makes it look like you're collecting almost two months rent PLUS the "standard" deposit, which is typically a month. So, no, you cannot collect over two months rent as a security deposit unless the property is furnished. At that point, you're limited to three months rent.

Eviction in California can proceed after posting a 3-day Notice to Pay or Quit. If you're lucky, you can have the tenant out within a few weeks. However, if the tenant knows how to work the system, they could stay for several months unless you or your attorney are very sharp and know how to defuse all their little tricks.

Finally, make sure you place in your lease that the tenant will be responsible for paying all legal fees and costs of collection in the event of an eviction. You may never collect a dime, but at least it's in there.