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Comprehensive Tour of Eviction Process in California

For successful eviction of a tenant in the state of California, the landlord-tenant law requires a termination of the tenancy, by the landlord. Landlords must have a clear understanding of the California eviction laws, prior to serving an Eviction Notice. Landlords must know the formal legal eviction steps to prevent costly mistakes, that cause unnecessary delays.

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Serving Eviction Notices with a Legal Cause

There may be certain reasons you wish to evict a tenant. It may be that they have committed an illegal act, violated the lease agreements, or failed to make timely rental payments. No matter what the reason may be, the first step of eviction includes serving an eviction notice that states the reason for the terminating the tenancy.

The following 3 eviction notices are applicable for California

  • 15 Day Notice To Pay Rent or Quit (COVID TPA)

If your tenant did not pay the rent on time, you can serve this notice. This notice leaves the tenant with three options. Either mail the landlord a signed Tenant Protection Act form, claiming financial hardship and pay 25% of the total rent due from Sept 2020 – June 2021, by June 30, 2021. Pay 25% of the total amount due within 15 business days or pack their bags and move out of the property.

  • 3 Day Notice to Perform a Covenant or Quit

This notice is for lease violations. Perhaps, your tenant has kept a pet despite the strict “no pet” policy or altered the unit even when it is prohibited. For these instances, the 3 Day Notice to Perform a Covenant or Quit, will require them to fix the lease violations within 3 business days.

  • 3 Day Notice to Quit

Landlords can serve this notice in particular situations that warrant this notice, including renting out your place without your permission, creating havoc within your premises, indulging illegal activities or causing property damage.

Unlike the previous notices mentioned, this does not entertain any scope on the part of the tenant to fix the violation. He has to move out within that time or else has to bear consequences.

Serving Eviction Notices without a Legal Cause

The rules for ending a lease or rental agreement depends on whether the tenancy period is month to month or a fixed term. To put closure to a fixed-term lease, you will need to wait for the end of the lease, unless they are in violation of the lease agreement. You do not have to notify your tenant about renewing the lease unless required by the lease.

For a month to month tenancy and if the tenant has lived at the property for less than a year, you must serve them with a 30 day’s notice, with Just Cause, per COVID TPA. For more than a year’s stay, the notice period becomes 60 days, with Just Cause, per COVID TPA.

No matter what the duration is, you must clearly mention when the tenancy ends and when they ought to move out.

Reliance on an experienced LDA, assures landlords that the appropriate eviction notice has been served. But it is always an added bonus to know these regulations to ensure the process of the proper steps landlords must take to terminate tenancy.

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