Getting evicted can be a frustrating and worrisome time. But California laws prevent sudden and unexpected evictions from taking place. If a California eviction is imminent, tenants will receive notice in advance. There are plenty of legal avenues in place that help protect tenants and their belongings in the event of an eviction. If the proper eviction process is not followed, tenants can take legal action to protect their rights.
In most situations, a landlord is required to provide tenants with a notice before they file for eviction. There are a few different types of notices, differing depending on the exact reason for the eviction. An eviction notice will have a stated time period in which action must be taken before the eviction is officially filed.
- Notice to Pay Rent – If the tenant has failed to pay rent when due, landlords can serve them a three-day notice requiring back pay.
- Notice to Perform Covenants – If the tenant breaks the terms of the lease for reasons other than missed payments, landlords can serve them with a three-day notice to rectify the issue.
- Notice to Quit – Even if the landlord is not willing to allow a tenant the time to fix any issues, they still must serve a notice to quit informing the tenant of the incoming eviction filing.
A notice is required in any California eviction scenario to allow tenants the opportunity to negotiate with the landlord or prepare a legal defense to fight the eviction in court.
Filing a California Eviction
Once the time period for the notice has passed, if no resolution has been reached, the landlord may then file an eviction complaint. The landlord is required to serve the tenant with the eviction complaint paperwork. To ensure tenants are made aware of the situation and given a chance to defend themselves or prepare alternate housing situations, certain requirements need to be met by the landlord.
First, the landlord must make an attempt to deliver the paperwork directly to the tenant. If the landlord is unable to get in direct contact with the tenant after several attempts, they may then be allowed to leave the eviction paperwork with either a household member or supervisor at the tenant’s place of work. Mailing eviction papers is only allowed when the other attempts to serve have failed and the landlord receives approval from the courts.
What to Do If You Face a California Eviction
Getting served with an eviction notice can make any situation more stressful. If you are unable to reach an agreement with your landlord, it may be time to seek legal counsel. A California eviction must follow specific legal standards. If any of these processes aren’t enacted, you have the right to defend yourself in court and maintain your living situation. Hiring a California eviction lawyer can help you prepare the documents needed to support your case and defend your rights.