January 22, 2020

Eviction Method And Laws in California

California eviction laws require landlords to end leases or rental contracts lawfully with tenants before evicting them. As defined by state regulations, the landowner has to provide a written notice to the tenant first to remove a renter.

There are many causes for which a landlord can give an eviction notice to the leaseholder. For instance, if their behavior is unsatisfactory or criminal, or if they do not depart as required in the lease or rental contract. Moreover, the landowner can register an eviction action against tenants without giving them any chance to modify their performance for severe lease destruction.

California Eviction Laws provide specific terms to terminate the tenancy. For various types of circumstances, a landlord needs to serve a distinct variety of end notices and follow certain processes. The process and law of California are explained below.


Notice for Eviction (with Reasons):

In California, a landowner can evict a tenant before the end of the agreement for numerous reasons. These reasons mainly include breaking the contract or lease agreement, negligence in paying the rent or performing a criminal or destructive deed. The landowner must supply the notice to the tenant before evicting them. There are three types of eviction notice:

Three-Day Notice to Pay Rent: The landowner can give a three-day notice to pay rent or exit from the property if the renter does not pay the rent on time. This notice tells the resident that he has to pay the rent. If the three days are over and still the tenant didn’t pay the rent, then the landowner can register an eviction prosecution with the court.


Three-Day Notice to Rectify a Problem: The landlord provides three-day warnings if the tenant dishonors the lease agreement. This notice warns the tenant that he has three days to correct the situation. Still, if the resident does not solve the issue, then the landlord can opt for removal lawsuit.

Three-Day Clear Quit Notice: This notice is the final type of three-day notice, and it means that the tenant must move out three days after accepting the notice. No chance is given to the tenant to fix the situation. If the renter does not depart from the property, then the landlord can file an eviction case against the renter. This notice is only allowed to apply in a few circumstances: If the tenant violates the lease contract. Also, it applies when the renter causes destruction to the property. The third one is if the tenant caused trouble at the rental property. And last, if the tenant is involved in a crime on the rental property.


Eviction Notice to Evict Without Any Cause: 

The process of ending a rental contract without any reason differs depending on the lease, whether the deal is of month-to-month or settled duration.


Month -to-Month tenancy:

The landowner can provide a 30-day notice to the tenant living in a rental property for less than a year. But, if the tenant is living in the rental property for more than a year, then the landowner has to give a 60-day notice to evict from the rental property. The tenant must move out of the rental premises at the end of the notice stage.

Settled-Duration Tenancy:

If the tenant is not living on a month-to-month contract, then the landlord cannot provide them the notice to evict from the rental property. If the tenancy agreement expires in December and still the tenant does not appeal for a new rental contract, then the landowner cannot send the eviction notice at the end of December.

Renter Eviction Protection:

Sometimes, a tenant opposes eviction, which can expand the time of the eviction process. The renter may have several powerful safeguards. One reason for a delay in an eviction is if there is a mistake in the lease agreement or in the notice of eviction.

In California, you cannot force the tenant of the property on your own by cutting utilities or locking them out. The tenant can be moved out only by following the legal eviction process. The landowner has to win the eviction case to evict a renter.

In addition, the tenant may take the assistance of a lawyer. The landlord has to follow the laws and regulations to evict a tenant. California eviction laws provide justice to both tenant and the landowner and give time for tenants to get a new home to live.

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