Landlords who have a tenant who hold over beyond the terms set forth in their lease often face a situation where a lawful detainer action becomes necessary to remove a residential tenant. In other circumstances, a tenant may need additional time on his or her lease or believe that the lease was renewed. Landlords must follow certain procedures and provide certain notifications when pursuing an eviction, or they may be subject to fines or penalties. Furthermore, tenant do have certain rights that must be respected throughout the process for any unlawful detainer action.
The Sacramento real estate attorneys of NewPoint Law Group, LLP, LLP, can provide legal guidance throughout the unlawful detainer action process for both landlords and tenants. Our balanced approach to the law increases the likelihood that both landlords and tenants, will respect their duties and obligations. To schedule a confidential consultation, call our law firm at 800-358-0305 or online today.
Providing Written Notice Is the First Step in a Residential Eviction
The first step in the decision to terminate a residential tenancy, whether it be initiated by the landlord or by the tenant, is to give written notice of termination. Usually, the written lease will state the particulars of when and what type of notice shall be sent and the manner of sending and receipt. The concept of notice is simply a matter of fairness to both sides. The landlord desires to receive proper notice of termination from the tenant to allow him/her to make timely arrangements to re-let the property, and the tenant should have proper notice to allow him/her enough time to find another place to live and arrange to move in a manner that can be conveniently scheduled. Lawyers will only get involved when either the landlord or the tenant violates rules of notice as set forth in the lease or as provided by California real estate law.
What Are Common Types of Lease Violations Where Notice IS Required?
In most instances, landlords provide notice to terminate if the tenant is late in tendering rent or if the tenant is violating terms of the lease. Common examples of lease violations may include causing destruction; damage or harm to the property; interfering with the rights of other tenants, i.e., excessive noise or other violations of rules; or violation of certain laws. Depending on the circumstances, most landlords will provide warnings and opportunities to cure before serving notices to terminate. However, this is typically a fact-specific determination. An experienced California landlord-tenant lawyer can help you assess the situation you face and the legal options you may have.
What Happens when a Landlord Decides to Terminate a Residential Lease in California?
Once a decision is made to terminate a residential tenancy, strict rules/laws apply. Failure to follow these rules/laws will likely result in a denied request from the court of law to remove the tenant from the premises; and if that occurs, the landlord is forced to start the process over.
Work with Aggressive and Strategic Roseville, California Real Estate Attorneys
A Roseville real estate lawyer at NewPoint Law Group, LLP can put their experience to work for landlords and prevent or minimize a notice issue from becoming a “defect” which requires the landlord to start the process over. We can also work with tenants who believe they have been illegally targeted by a landlord. Please consult with an attorney at NewPoint Law Group, LLP to ensure that a California landlord-tenant attorney assesses the facts and circumstances surrounding your matter. Frequently this type of review can reveal mistakes by the other party that can increase your likelihood of a favorable result. To schedule a confidential consultation, call our law firm at 800-358-0305 or contact us online today.
Be sure to check out our Unlawful Retainer Blog Series for further information:
Part One: What Is an Unlawful Detainer?
Part Two: The Importance of a Written Lease in Residential Tenancies
Part Three: California Attorneys Help Landlords Understand when a 30/60/60+ Day Notice Must Be Provided
Part Five: When Must a California Landlord Serve a 3-Day Notice to Pay or Quit in a Residential Lease?
Part Six: What Are Posting Orders and When Are They Required In an Unlawful Detainer Action?
Part Seven: What Role Does the Sheriff Play in a Residential Tenant Eviction?
Part Eight: How Long Does It Take to Evict a Residential Tenant in California?
