All-Inclusive Guide to Eviction in California
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All-Inclusive Eviction Guide in California
California’s eviction laws are complex and confusing for landlords and tenants alike. Landlords must follow strict procedures to evict a tenant and give written notice of tenancy termination. Only after this eviction notice can the landlord file an eviction lawsuit. Similarly, tenants should know the relevant laws to prepare a strong defense.
California’s Tenant Protection Act of 2019 further alleviated the complexity of the eviction law, which gives additional protection to tenants who have lived in a property for more than 12 months. As a result, landlords must be careful and follow all the rules to avoid having their lawsuits tossed out of court. Since eviction is a civil process, the landlord must provide the tenant with a CA eviction notice that specifies the reason for eviction, unsettled disputes, and the vacating period.
However, before the eviction proceedings begin, the landlord must offer a minimum 30-day notice to vacate the property or remedy the conflicts during this period. If the tenant is reluctant or fails to act in this notice period, the district court takes up the matter. Typically, a 30-day eviction notice in California is given to tenants with a month-to-month tenancy or who have lived for less than a year. However, those residing in a rental property for over a year are entitled to a 60-day notice under California eviction laws.
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Top reasons for eviction in California
According to law, landlords cannot evict a tenant without a good cause. Of course, there can be exceptions; however, the property owner must have legal grounds and solid reasons to back their tenancy termination decision in most cases. An all-inclusive guide to eviction in California. Both landlord and tenant parties are subject to eviction laws in California. As a result, the landlord must follow all the rules while opting for eviction, as any mistakes can invalidate the process altogether. The reasons for removal can be broadly classified into two categories, i.e., at-fault and no-fault causes for termination.
At-fault causes for termination
- Long dues & non-payment of rent
- Violation of terms stated in the lease agreement
- Allowing or participating in acts of nuisance
- Unlawful behavior on premises
- Engaging in criminal activity
No-fault causes for termination
- The landlord decides not to rent its property anymore
- Complete renovation works on your property
- Sale of the property
- Structural demolition works
- The owner wants to occupy the house
Whatever the reason for terminating the tenancy, the landlord must try to resolve and settle the issues personally before serving a legal notice. Property owners can also approach tenants through a legal mediator to ensure peace. However, when none of these methods work out, you should always send a legal eviction notice in California.
Frequently Asked Questions
#1: How do you respond to a 3-day eviction notice in California?
Generally, the landlord sends a 3-day eviction notice in CA to perform Covenants or Quit (resolve the issues or move out) in case of severe violation of the lease agreement or long payment dues. So, if you have received a similar eviction notice, you can respond in either of the following ways:
- Clear the due payments and agree to the landlord’s terms
- Move out within three days of receiving the notice
- Challenge the eviction notice and wait for the legal proceedings to begin
#2: How long is the Eviction Process in California?
The eviction process in California may take 30-45 days, or even more, depending on the court trial. It starts when the eviction court forms are delivered to the tenant’s place and ends on the final day they must move out.
#3: How do you serve an Eviction Notice in California?
Serving an eviction notice in California is a multi-step process followed by a lawsuit. In such cases, the landlord is the plaintiff, while the tenant is the defendant. As a landlord, ensure you have the legal grounds to evict the tenant. After that, serve the tenant with appropriate notice of 30 to 60 days, depending on the situation. Often, the tenants claim that the message needs to be done appropriately. So, could you hire an attorney to include all the necessary information?
#4: Can I be Evicted Right Now in California?
No, immediate eviction is illegal in California, regardless of the situation or how long you’ve been residing in a property. In case of any lease violation or outstanding rent dues, the landlord must offer a three-day notice within which you can make the necessary fixes to settle the matter before it reaches the court. And even if you fail to abide by the terms stated in the three-day eviction notice in California, you’ll be given 30 to 60 days before moving out.
#5: How Long Does it Take to Evict Someone in California?
Suppose the tenant refuses to fix the issues during the 3-day notice period. In that case, one has to file an eviction lawsuit followed by a court trial that either dismisses the case or orders the tenant to move out, depending on the reasons and evidence presented in court—an all-inclusive guide to eviction in California. As a result, the final eviction may take 30-45 days or even longer.
Nicolas Charon
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An all-inclusive guide to eviction in California?