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.

Why do Landlords Need Eviction lawyers in Riverside, CA

Apr 24

When evicting a tenant in Riverside California, landlords should have a valid reason as stipulated by the California eviction law. Some of the most common reasons that can lead to a tenant eviction include damaging property, failing to pay rent, or bleaching the rental or lease agreement. Tenants in California can also be evicted in case:

  • The property owner has a valid reason to terminate the lease agreement
  • The tenant continues to live in the house even after the lease has expired

Landlords can be able to evict tenants if their situations meet any of the above criteria. However, in case a landlord is having a difficult time and doesn’t want to proceed through the involving court process, he or she can hire an Eviction Attorney in Riverside to act as a mediator or an Eviction Lawyer in Riverside to solve the problem through negotiation. However, if all other attempts don’t successfully lead to Eviction Riverside, the landlord can continue through the courts.

Eviction Riverside Process

Most California evictions begin with a notification demanding the tenant to stop doing something or to evict the premises. The only exceptions are in situations when a fixed lease has expired and isn’t renewed or in a case where an employee who has been given the right to reside in a house as part of their employment has been terminated. A landlord may need professional assistance from a qualified Eviction Attorney in Riverside to navigate through this process successfully.

Notice

The most common cause of Eviction Riverside is failing to pay rent. Such a case is begun by notifying the tenant with a 3-day notice to pay the rent or leave the premises as the law dictates at CCP Section 1161(2). The landlord should include the specific amount due, where the money should be paid, and an unequivocal demand for repossession in case the rent isn’t paid within a span of three days after getting the notification letter. The notification should also include the date, signature of the landlord or an agent acting on behalf of the landlord. A landlord may need an experienced Eviction Lawyer in Riverside to draft the eviction notification letter.

An Eviction Attorney in Riverside will guide the landlord on whether to declare an election of forfeiture of the lease. Failure to declare forfeiture may give a tenant the chance to redeem their tenancy by paying all their dues within five days after the eviction notice. However, landlords can choose to omit forfeiture. According to CCP section 116 and 1161a, a tenant can be served with notification by:

  • Delivering a copy of the letter to the tenant
  • If they are absent, leaving a copy with a person of a reasonable age, and also sending a copy through the mail

Unlawful Detainer Lawsuit

An unlawful detainer in California is also referred to as an eviction lawsuit. After filing such a lawsuit, the process can take up to two months, and during this time a landlord may not have the chance to accept rent. Tenants have about five days for them to communicate back after receiving the notification letter. If the tenant fails to respond a trial is scheduled within 20 days. This trial time often takes approximately one hour.

After winning the case, tenants have five business days to move. However, this will depend on the speediness of the sheriff in posting the lock-out order. The lock-out order gives the sheriff permission to physically lock the tenant out. Although evicting a tenant in California isn’t an easy task, landlords can get sound advice from an experienced Eviction Lawyer in Riverside.

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

Tips from an Experienced Eviction Lawyer in Riverside, CA

Mar 26

The last thing that any landlord in Riverside, CA would want is to result a forceful eviction of a tenant. However, most landlords at one time will  find themselves tangled in the eviction process due to problematic renters. In such a situation, a landlord should always have a skilled Eviction Lawyer in Riverside to help them in navigating the complexities involved in tenant eviction and resolve property dispute.

Sending an Eviction Notice in Riverside, CA

The most common cause for eviction in Riverside is non-payment of rent. However, there are other factors, such as non-compliance with the lease agreement, expiration of the fixed lease, or engaging in unlawful activities. In California, eviction cases are also referred to as unlawful detainers or forcible detainer proceedings.

According to the California law, landlords cannot decide to evict their tenants just because they are few days late, or even several days or months late in payment of rent. Before a landlord can evict a tenant, they should serve the tenant with a notice. The time allocated in the notice will often depend on the reason why a tenant is getting evicted. In case a landlord is evicting a tenant due to non-payment of rent, then he or she should give three days notification. For any other reason, the landlord can give a 30, 60, or 90 days’ notice based on the California Civil Code or the California Code of Civil Procedure.

The eviction notification has to meet all legal requirements as stipulated by the California Code of Civil Procedure. An experienced Eviction Lawyer in Riverside, CA can assist a landlord to draft an eviction notice. Generally, some of the information that should be included in a notice includes:

  • The name and contact details of the landlord or agent to be paid the rent. In case the tenant is able to pay the full amount before the three days are over, then the landlord has to accept.
  • Include the total amount of rent. This cannot include other charges such as utility bills or late payment charges. The full rent is the minimum amount that a renter can pay to avoid getting evicted.
  • The time and location the rent can be paid. In case there is no location, then the mailbox rule comes into effect. In such a case the rent is considered paid after mailing.

The eviction process begins after serving the tenant with an eviction notification. According to the California Civil Code, a landlord should only serve the written notice in one of the following ways:

  • Personal service
  • Posting and mailing
  • Substituting the service to another person

The Rest of the Eviction Process

After the landlord has sent the notification to the tenant and the tenant fails to pay the past due rent within the 3-days’ time frame, the landlord can proceed to file an unlawful detainer with the court.

Eviction Court Proceedings

  • The court clerk issues summons after the landlord files the case
  • The complaint and summon is served to the tenant
  • In case the tenant answers to the complaint, the case is heard before a judge
  • If the tenant fails to respond, a default judgment may be entered
  • When the landlord wins, the court clerk issues a Writ of Possession

The Sheriff receives the Writ of Possession and arranges on how to lock-out the tenant from the premises. A skilled Eviction Lawyer in Riverside, CA can help landlords to navigate through the many pitfalls within the legal eviction process. For instance, a landlord should never evict a tenant from their premises without going through the court.