What is the California Eviction Process
In California, tenants may be evicted by their landlord if one of the following actions has been taken.
1. Rent was not paid on time.
2. The terms of the lease were broken and the problem is refused to be corrected.
3. The rental property is damaged and brings down the value of it.
4. Creates a nuisance that disturbs neighbors and refuses to correct the issue. 5. Uses the rental property to commit illegal acts. Unlike other states, however, California also allows for local eviction processes to be enforced in addition to the state process. Most cities, however, do allow an eviction to occur for a couple of additional reasons if there are no rent controls in place.
- The lease has expired and will not be renewed.
- The landlord cancels the lease and provides proper written notice.
How Can a Tenant Be Legally Removed?
The first thing a landlord must do is provide a written notice of the eviction. This notice must give the tenant the chance to correct the problem if they have caused the issue. In cases where actions are not available for correction, then either a 30 day or 60 day notice must be given. Landlords are not allowed to evict their own tenants. If the tenant does not correct the issue or stays longer than the 30 or 60 day notice, then a landlord must file for an eviction with the court system. This process typically takes about 1 month to complete. Tenants have 5 days to respond to the court action with a defense. A court hearing occurs and if the landlord wins, the tenant has 5 days to move or be locked out of their premises.
There are a couple exceptions to these rules. If a tenant is working for a landlord and loses their job, if the rental property was provided as a condition of employment, the landlord can immediately file for an eviction. If someone is living in a residential hotel with more than 6 rooms for at least 30 days, they will qualify as a tenant and that person cannot be forced to check out or re-register to stay. The eviction process in California can sometimes be a bit complicated. By making sure a lease is clear and concise and taking fast action, however, landlords can quickly secure their property through the eviction process.
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