How to Get a Bad Tenant Out of Your Rental Property – San Jose Eviction Process Explained

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There are three ways you can serve a Three Day Notice to Pay Rent or Quit when you’re beginning a San Jose tenant eviction. Unfortunately, there will be times when even a good tenant fails to pay rent on time. To protect yourself, you need to serve this notice to them right away. The Three Day Notice is a legal notice. If they fail to pay the sum due within that period, you can start eviction proceedings. These are the three ways to serve it.

Physical Service

This is the simplest and most straightforward way to serve your notice. You hand it physically to your tenant. In this case, the three days would start on the day after the notice is served.

Substitute Service

If you have trouble finding your tenant at home, you can do a substitute service. This is where instead of serving the notice to the tenant personally, you can serve it to another individual who is at the apartment or the home. We always recommend this person be 18 years old or older. Once you have successfully served that person, you’ll need to mail the Three Day Notice to your tenant as well. In this case, the three day period starts after both things have happened.

Post the Notice

Finally, if you have made several attempts to serve the notice but you cannot, you can serve it by posting it to a conspicuous spot on the premises, typically the front door. Then, you’ll have to send it through the mail. The day after these two tasks have been completed, you can start counting the three days.

This is just a brief overview on serving a Three Day Notice and starting the eviction process. If you are evicting a tenant in San Jose, we highly recommend working with a real estate attorney.

If you need any help with San Jose property management or you’d like a referral to an attorney, please contact us at Pacific Gateway Properties. We’d be happy to help you.