While the overheated real estate market is a problem for some, landlords and property owners in California have a highly profitable opportunity to rent their home, condominium, or apartment. Tenants can occupy an array of structures; however, the most common landlord-tenant relationship is when a person rents an apartment from an individual landlord or from a property management company. The second most common landlord-tenant relationship is probably individuals who rent a single family home.
That being said, California is a state that respects and protects tenant’s rights. When a person establishes a tenancy in a home or an apartment, they receive certain rights and protections. As such, landlords must proceed according to the law when they wish to evict the tenant. A failure to follow the rules set forth in the state’s laws can result in a counter-claim and an array of negative consequences.
If you are considering evicting a tenant through an unlawful detainer action, the lawyers of NewPoint Law Group, LLP may be able to assist. We can proceed carefully, ensuring compliance with California law at each step of the way. To schedule a free and confidential initial consultation, please call our Roseville or Folsom law firm at 800-358-0305 or contact us online.
Terminating a Lease if the Tenant Hasn’t Done Anything Wrong
In some cases, a landlord may wish to terminate a lease simply because he or she has different ideas regarding the use of the property. A landlord may wish to use the former rental property as a primary residence, a vacation home, a property for his or her children, or for many other uses. However, there is a proper procedure that must be followed when evicting a tenant under these circumstances.
Provided that the tenant has signed a month-to-month lease, or the lease has converted to a month-to-month lease, a landlord can evict and terminate the lease by providing either a 30-day or 60-day notice. Typically, the notice will not require a stated reason for the termination of the lease, but local rules and regulations can require this information to be included.
Evicting a Problem Tenant in California
As any seasoned landlord can attest, tenants don’t always follow the rules or make good on their promises. If a tenant is engaging in actions that endanger the property, other tenants’ use and enjoyment of their rental property, or failures to comply with the terms of the lease eviction may be appropriate. Reasons that can justify the eviction of a tenant due to bad acts or bad behavior include:
- The tenant failed to pay rent.
- The tenant caused damage to the property.
- The tenant met the definition of a “nuisance” and interfered with other tenants’ enjoyment of their property.
- The individual committed a crime involving guns, weapons, or ammunition.
- The tenant utilized the property to conduct dog fighting, cockfighting, or drug sale or manufacture operations.
- The individual committed domestic violence, sexual assault, or stalking against another tenant.
When the tenant has committed any of these acts, eviction through notice of only three days may be possible. For certain eviction reasons, such as the failure to pay rent, the landlord must provide specific information regarding the failure. For other violations, the landlord should describe the conduct that motivated the eviction. Generally, a three-day notice must provide the tenant with the opportunity to correct the violation – provided that it is correctable. For instance, the tenant should be provided with an opportunity to pay back rent. However, if the violation is not correctable or is not corrected by the tenant, the notice should set forth the date by which the tenant must vacate the apartment.
The notice must be properly served upon the tenant. By providing the notice to the tenant, you greatly reduce the potential for a counterclaim due to the fact that you did not follow state law. Landlords and property owners typically have three options to serve a tenant. First, they may engage in personal service by hand-delivering a copy themselves or through an agent. Second, landlords may try to serve tenants at work or through other substituted service. Finally, if the foregoing fail, they could attempt to serve by “posting and mailing” the notice.
Work with California Eviction Attorneys
If you need to evict a tenant from an apartment, home, or other residential rental property, the lawyers of NewPoint Law Group, LLP may be able to assist. We can also assist with real estate transactions and other landlord-tenant matters. To schedule a free and confidential consultation, please call 800-358-0305 or contact us online today.