Eviction Lawyer Ontario California: Rules for Property Managers and Landlords
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