An eviction, termed as an unlawful detainer within California, refers to the landlord’s action of expelling a tenant from a rental property. This legal process specifically addresses the regaining of possession of the property and does not encompass the pursuit of financial reparations. The opportunity to seek monetary damages arises subsequent to the successful repossession of the property.
Please note that this is not legal advice, and it’s important to consult with legal professionals for accurate information and guidance regarding eviction notices.
In typical circumstances, a landlord has the authority to initiate eviction proceedings if any of the following conditions are met:
- The tenant consistently fails to meet rent payment deadlines.
- The tenant violates the terms of the lease or rental agreement and does not take corrective measures, such as leaving trash in the yard or neglecting to maintain essential utilities like water.
- The tenant engages in disruptive behaviour that significantly disturbs fellow tenants and neighbours.
- The tenant causes damage to the property, exemplified by instances like breaking windows.
- The tenant employs the property for unlawful activities, such as drug distribution.
- The tenant continues occupying the property after the lease agreement has expired.
- The landlord terminates the rental agreement in accordance with appropriate advance notice.
Steps to Evict
If your intention is for you tenant to vacate your property, it’s necessary to provide written notice indicating your request. In case your tenant is engaged in prohibited activities, you must clearly communicate the specific violations. If your tenant fails to address the issues or comply with the request to vacate, legal proceedings may be required through the court to obtain an eviction order
- Give Notice
- Start a Court Case
- Ask for a Trial Date or Default Judgement
- Go to Trial
- After the Judge Decides
Types of Eviction Notices
3 Day Notice to Pay or Quit (pay rent or move out)
3 Day Notice to Perform Covenants or Quit (Fix a Problem or move out)
3 Day Notice to Quit (Move out because of serious lease violation)
15 Day Notice to Pay or Quit for rent due September 1,2020 to September 30,2021
30 Day or 60 Day Notice to Quit (Notice to end rental agreement)
90 Day Notice to Quit (Section 8 Housing Only)