Eviction & Unlawful Detainer Notices in California

May 04

The state of California has many different types of eviction notices depending on the circumstances of the rental agreement and the tenant’s circumstances.

The amount of notice that landlords and tenants receive depends on, for instance, factors such as the amount of time that the tenant has been renting from the landlord or the number of days between rent payments.

If a tenant is paying rent to the landlord on a monthly basis, as an example, then the landlord should receive a written notice at least 30 days in advance of when the tenant plans on moving out of the landlord’s property.

Of course, if the rental agreement that the landlord and tenant agreed upon at signing specifies the number of days advance notice before the tenant moves out of the landlord’s property, then the tenant should give the landlord as much advance notice as the rental agreement originally specified.

On the other hand, if a landlord in California is looking to provide a legal eviction notice from landlord to tenant then the landlord also has a few rules to follow.

A landlord renting out property in southern California areas like Los Angeles, Palm Springs or Riverside should provide a 30-day eviction notice if an unwanted tenant is being evicted from a monthly lease.

If that unwanted tenant has lived on the landlord’s property for more than one year, however, then California eviction law requires the landlord provide a 60-day eviction notice.

The longest duration eviction notice – i.e., a 90-day eviction notice from landlord to tenant – should be provided when the unwanted tenant is receiving government-subsidized housing.

This applies to government-subsidized housing situations anywhere in southern California, including areas like: Irvine, Anaheim, Palm Springs, Murrieta, Riverside, San Diego, Los Angeles, Ontario, Corona and San Bernardino.

Landlord’s notice to end a periodic tenancy

A landlord can evict an unwanted tenant in southern California and end a periodic tenancy of a rental agreement. (A tenant may do the same for different reasons, with different conditions and with different kinds of eviction notices.)

An eviction notice from landlord to tenant that seeks to end a periodic tenancy should be given to the unwanted tenant with advance written notice.

The eviction notice from landlord to tenant should give the tenant 60 days to move out in cases where the tenant has lived in the landlord’s rental unit for more than one year.

The eviction notice from landlord to tenant should be a 30-day eviction notice if the resident or tenant has lived in the rental unit for less than one year and the landlord has agreed to sell the rental unit out to another resident or tenant for one year or more after the unwanted tenant leaves.

A landlord wouldn’t have to wait for a 3-day eviction notice in cases where the tenant was conducted illicit activity on the rental property or endangering other tenants; in these cases, a 3-day eviction notice would be sufficient.

For an eviction notice from landlord to tenant to be valid under California eviction law, landlords must also meet a few conditions.

These include the following – the landlord must have opened an escrow with a licensed agent or real estate broker and given the tenant the 30-day notice no more than 120 days after opening the escrow; and, the landlord must not have given a previous 30- or 60-day notice to the same tenant.

Lastly, for the eviction notice from landlord to tenant to be valid in California the rental unit should be one that the landlord can sell separately from other dwelling units on the landlord’s property.

An eviction notice must include the following information: the date that the tenant was served; the name and address of the tenant; certificate of service; the landlord’s signature; the name, phone number and address of the financial institution that the tenant should make owed rental payments; and, the total amount of rent that the tenant owes.

Ideally, the landlord should directly serve the eviction notice to the tenant. In cases where that’s not possible, the landlord may use, what’s known as, substituted service to leave the notice with a family member or work colleague who is competent and 18 years or older.

The landlord should also mail a copy of the eviction notice to the unwanted tenant when substituted service is employed as a means of eviction by the landlord.

Landlord’s three-day eviction notice

Landlords looking to evict unwanted tenants in southern California can provide a three-day eviction notice from landlord to tenant in a number of circumstances. The most common reasons for a landlord looking to evict an unwanted tenant with a three-day eviction notice is a failure by the tenant to pay rent. Damaging the landlord’s rental property, violating the lease terms or rental agreement, using the rental property for illicit purposes (e.g., drug dealing or dogfighting on the rental property) as well as acts of domestic violence, the unlawful sale of weapons or ammunition on the rental property, and acts of sexual assault or stalking would all be grounds for the landlord providing a three-day eviction notice.

If such a three-day eviction notice from landlord to tenant is given the landlord still needs to ensure the eviction notice contains a few critical pieces of information. This would include the name, telephone number and address of the financial institution were payment should be made. If the tenant had been paying rent via an electronic fund transfer, then that form of payment may be subsequently used by the tenant in the future. If a tenant has failed to pay rent or violates certain terms of a rental or lease agreement, then that tenant has a chance to correct the violation after receiving a three-day eviction notice.

The tenancy can be continued if the tenant corrects most violations after receiving a three-day eviction notice from landlord to tenant. If the tenant has engaged in illegal activities or other non-correctable violations, then the three-day eviction notice will require the tenant to leave the rental property after the three-day period is up.

Eviction Lawyer Ontario California: Rules for Property Managers and Landlords

Apr 11

Before evicting a tenant in Ontario, the California eviction laws require a landlord to first terminate the lease in a legal manner. This means that the landlord has to issue a written notice as specified by the state law. In case the tenant doesn’t correct his or her ways or refuses to move, then the landlord can proceed to file an unlawful detainer (eviction lawsuit). In cases of serious lease violations, the landlord can decide not to request the tenant to correct his or her behavior.

The California laws have specific requirements for the termination of tenancy. There are different types of notices that are required to be used in different situations during the eviction process. Although there are clear requirements by the California eviction laws, some communities with rent control ordinances may have other rules on the terminating of a tenancy and a landlord should consult an experienced Eviction Lawyer in Ontario.

Steps Followed in the Eviction Ontario Process

Notice With a Valid Cause

Eviction  can occur for a variety of reasons including violating a lease contract, failing to pay rent, or using the premises for illegal purposes. However, before a landlord proceeds to terminate the rental agreement, he or she should issue the tenant with a written notice. The type of notice written will depend mostly on the reason for termination

Types of Notifications

Three-day notice to cure: This notice is given to a tenant if he or she has violated the lease agreement. The notice notifies the tenant that they have three days to cure the violation. In case the tenant doesn’t correct the problem within the required time, then the landlord is allowed by Cal. Code of Civ. Proc. Section 116 (3) to file an unlawful detainer.

Three days’ Notice to Pay Rent: The landlord can issue a written notice to a tenant if he or she hasn’t paint rent. The notice tells the tenant that they only have three days to pay the due rent in full. If the occupant fails to pay the full rent, then the landlord is permitted by Cal. Code of Civ. Proc. Section 116 (2) to file an eviction lawsuit.

A three-day Quit Notice: This type of notice is given only when a tenant has committed serious tenant agreement violations. The notice notifies the tenant that he or she has to vacate the premises within three days. If the occupant refuses to vacate, the landlord can consult an Eviction Lawyer in Ontario to get help in filing an eviction Ontario lawsuit.

Tenant Eviction Ontario Defenses

In some cases, the tenant can decide to fight the eviction, and this can lead to more time in the eviction lawsuit process. Because the tenant may have several defenses, a landlord should hire an experienced Eviction Attorney in Ontario. Some of the common defenses the tenant may have include procedural mistakes made by the landlord during the eviction procedure, for instance, not waiting before filing an eviction lawsuit or serving the tenant improperly. The tenant can also defend him or herself by stating that the landlord discriminated them, or that the rental unit wasn’t properly maintained. Therefore, for a landlord to evict problematic tenants, they need professional advice from an experienced Eviction Lawyer in Ontario.

Removing the Tenant

The only legal procedure of evicting a tenant successfully is by going through the court with a qualified Eviction Attorney in Ontario. However, even after winning the case, a landlord will still need the sheriff to perform the eviction. According to the California eviction laws, it is illegal to personally evict tenants from their rental premises

Steps Followed to Evicting Tenants in California

Mar 08

The process of evicting tenants in California is time-consuming and it requires an experienced Eviction Lawyer – Eviction Attorney. Filing a lawsuit is the only legal way of evicting a tenant. Eviction lawsuits in California are referred to as Unlawful Detainer actions.

Steps Followed to Evict Tenants in California

Have Legal Grounds to Evict Tenants

Before evicting a tenant, a landlord should have a valid reason. According to the California Eviction Law, landlords can evict tenants if they violate the terms of the agreement, fail to pay rent, use the property for unlawful deeds, or disturb other tenants.

Landlords are not allowed to use personal methods to evict tenants, and they should follow the unlawful detainer process. This means that they cannot lock tenants out or cut off basic utilities. If this is done and the tenant sues the landlord, they can be penalized.

Serve the Tenant with a Notice

Tenants who fail to pay rent should be served with a three-day notice indicating that rent is due. In such a case, only the rent is indicated and not penalties and other utilities. The notice should also provide the name, contact details and bank account number of the landlord where the rent should be paid. Landlords can also use the three-day notice when a tenant violates the rental contract. In some cases the bleach can be corrected, for instance, having a pet when they aren’t allowed. In such a situation the landlord has to give the tenant three days to fix the problem.

When evicting a tenant who has lived in a house for a few months, the landlord should give them a notice to move out in 30 days. However, if the tenant has been living in the house for more than a year, the landlord should give them a 60 days notification.

Filing a Case in a California Court of Law

After the landlord sends the eviction notice and it expires, he or she should wait for 30 more days before filing an unlawful detainer complaint. There are some  important forms that a landlord requires to file the case, and at such a time it is important to consult an attorney.

The landlord has to submit the civil case cover sheet together with the unlawful detainer complaint to the courthouse near the location of the property. At such a point a landlord should have an experienced Eviction Lawyer – Eviction Attorney to help them file the documents. The courthouse clerk will then issue summons and stamp a copy of the unlawful detainer complaint.

With the assistance of a landlord Attorney – Eviction Lawyer, the landlord will serve the tenant with the legal documents and then file proof of serving them. The tenant will have a  maximum of five days to communicate back and when they default the landlord can result to go through the court process which can eventually lead to the judge issuing the landlord with a Writ of Possession to allow the Sheriff to lock the tenant out.

California Landlord Rights and Responsibilities

May 21

California has some of the most stringent landlord-tenant laws in the U.S. These laws give both landlords and tenants certain basic rights and responsibilities regardless of whether the lease agreement defines them. At Eviction Group, A Professional Law Corporation, our staff can help landlords deal with problem tenants, but here is what both parties should know…

 

Timely Consideration. In exchange for leasing a property to a tenant, the landlord is entitled to rental payments on time and in full each month. A reasonable fee may be charged for late or returned payments, if the lease defines these terms.

 

Performance by the Lease. A landlord and the tenant are both obligated to abide by any rules or restrictions outlined in the lease agreement. If a tenant violates the agreement in some way, the landlord has the right to evict the tenant from the property.

 

Appropriate Notice. The tenant is required to inform the landlord as soon as they find or cause defect or damage to the property. If the tenant does not inform the landlord, he or she cannot hold the landlord responsible for failing to repair the problem. The landlord is also entitled to compensation if the tenant willfully or carelessly caused the damage.

 

Proper Maintenance. The landlord’s responsibility is to ensure the continued habitability of the property. If this does not happen, the tenant can terminate the lease early without penalty.

 

Prompt Repairs. Assuming the tenant has given appropriate notice, the landlord must complete all repairs promptly and properly. The landlord is responsible for the cost of any repairs not caused by the tenant directly. If a landlord refuses to do the work or do it satisfactorily, California law permits the tenant to withhold rent payments and use the funds to have the work completed satisfactorily.

 

Unbiased Practices. Every landlord has the responsibility to abide by California’s anti-discrimination laws. Landlords cannot selectively choose to screen different applications based on different criteria.

 

To learn more about California landlord-tenant laws, click here or call Eviction Group, A Professional Law Corporation at (800) 985-9885.

 

 

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