An all-inclusive guide to eviction in California
since 2004.
Who are we?
Supplying the industry’s hottest off-market real estate leads. The majority of our customers have come by referral since 2004. Getting you first on the scene at warp speed with a seller of real estate is paramount. Raw data is cross-referenced and delivered in most states in one day, giving you the advantage over a competitor. Our mission is to find real estate with actual equity from motivated sellers. Our products include Foreclosure, Probate, Pre-probate, Inheritance, Divorce, Eviction, and Code Enforcement. Doing the research will save you time, so you can focus on revenue-generating activities such as wholesaling, rehabbing, and flipping properties—an all-inclusive guide to eviction in California. Finding you a real estate deal is our mission. Furthermore, we gauge our success as a company by the success of our customers.
The last thing you want is to market to people with old data. We’ve heard horror stories of wasting time and money only to discover the real estate sold months ago. Don’t let it happen to you.
An all-inclusive guide to eviction in California
The eviction laws in California are complex and can be confusing for landlords and tenants alike. To evict a tenant in California, the landlords must follow strict procedures and give written notice of tenancy termination. Only after this eviction notice in California can the landlord file an eviction lawsuit. Similarly, the tenants should also know the relevant laws to prepare a strong defense.
The complexity of the eviction law was further alleviated by California’s Tenant Protection Act of 2019 which gives tenants who have lived in a property for more than 12 months additional protections. 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 inform 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.
Tresa Lugten
Jazmine Gittens
Cody Hofhine
Kevin Sayles
Pace Morby
Tiffany Burns
Al Nicoletti Esq.
Nancy Wallace
Brent Daniels
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 cause for termination.
Below listed are some instances that fall into each of these two categories:
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 ways work out, you always send a legal eviction notice in California.
What does the eviction process involve?
An eviction process begins with the landlord serving a 30-day notice in California that directs the tenant to clear the rent dues, pay for any damage, or move out (as stated in the information). If the tenant fails or refuses to cooperate with the landlord, after 30 days, they can file an eviction lawsuit. Generally, these eviction cases are heard in district courts where the landlord and the tenant should have a legal representative to express their opinions.
To support your claim, your lawyer may ask for evidence, such as photos, videos, documents, witnesses, etc., that act as proof for or against the cause of tenancy termination. The court judge assesses the case and decides whether or not to accept the landlord’s plea to evict the tenant. If the renter is held guilty, the court decides the vacating period, monetary payments, etc. Also, if the tenant fails to appear in court, they receive an eviction judgment without trial.
Eviction rights
Although filing an eviction lawsuit is the landlord’s choice, the parties, i.e., the property owner and the tenant, have some rights to exercise to have the ball in their court. The chances of winning the case can increase significantly for both parties if they know how to respond and act appropriately. In most cases, challenging the eviction notice is unfavorable for the tenant as losing can make them pay the landlord’s legal fees. Moreover, eviction can add a negative credit rating to the tenant and restrict their options for future housing. Hence, it’s best for tenants to either agree to the landlord’s proposed terms or negotiate a deal outside the court.
Coming to the eviction rights of landlords in California, they can terminate the tenancy agreement with (at-fault) or without a cause (no-fault). Generally, a termination without cause occurs when the property owner doesn’t wish to renew the rental agreement for various reasons. This is also applicable in the case of month-to-month tenancy, where the landlord doesn’t need a cause; however, a 30-day notice is a must! On the other hand, in case of unlawful activities, unpaid rent, or similar issues, the landlord can also send a 3-day eviction notice in California to settle these matters quickly.
Do eviction leads offer lucrative investment opportunities?
Sure, they do! Mostly, property owners who have had the experience of eviction in California tend to become motivated sellers. The hassle involved in the eviction process is quite mentally and financially draining. Landlords who have filed eviction lawsuits are most likely to be frustrated by the rental business and may not want to continue it further. This is an opportunity for real estate investors and buyers who can offer to buy these properties at a fair price.
Not only real estate investors but eviction leads also benefit realtors and attorneys in multiple ways. For instance, realtors can use these leads to improve their listings and help their clients find suitable properties. On the other hand, eviction leads help attorneys find prospective clients who may need their services. So, if you can benefit from eviction real estate leads, you can always rely on Foreclosuresdaily.com for the genuine and hottest off-market list of properties going through eviction. An all-inclusive guide to eviction in California
Frequently Asked Questions
#1: How to respond to a 3-day eviction notice in CA?
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. This time starts when the eviction court forms are delivered to the tenant’s place and conclude on the final day they must move out.
#3: How to 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 was not done appropriately. Hence, hire an attorney to include all the necessary information.
#4: Can I be evicted right now in California in 2023?
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. As a result, the final eviction may take 30-45 days or even longer.
Who uses our products
- Fix and Flip investors.
- Brokers and Agents listing source
- Wholesalers
- Attorneys growing their practices
- Many more ………….
