Every landlord must deal with a delinquent or troublesome tenant at some point. While California law allows the legal eviction of tenants who fail to pay their rent or violate provisions of their rental agreement, the process is complicated. At times, this process even seems to favor the delinquent renter. Our attorneys at the NewPoint Law Group, LLP, bring years of experience to landlord/tenant disputes. We fully understand the nuances and requirements necessary to have uncooperative tenants evicted quickly.
Tenants who unlawfully occupy a rental property, fail to pay rent, willfully damage the premises, or conduct illegal activity on the property cost you money and potentially create other legal liabilities. The eviction process is complicated, and one small mistake could end the process in favor of the tenant. If you are a landlord, call our firm at 800-358-0305 to schedule a consultation and see how one of our eviction attorneys for landlords can help with your eviction case.
Notice to Evict a Tenant in California
In California, a landlord can terminate a tenancy early and evict a tenant for several reasons, including failure to pay rent, violation of the rental agreement, or commission of an illegal act. Before filing an eviction case, a landlord is required to provide written notice to the tenant. The reason for the eviction determines the type of notification required. All deadlines and timeframes must be strictly adhered to; failing to give proper notice could force you to start the eviction process again from the beginning. Our experienced landlord/tenant attorneys will assist you through every step of the complicated process.
The following notice requirements come up in many types of eviction cases.
Three-Day Notice to Pay Rent (Pay or Quit Notice)
Should the tenant fail to pay their required rent, the landlord can send the tenant a three-day notice to pay the rent or vacate the premises. If the tenant does not pay the necessary rent or leave the property, the landlord can file an unlawful detainer complaint at the end of three days, not including weekends or holidays.
Three-Day Notice to Cure (Cure or Quit Notice)
If the tenant violates any provision of the rental or lease agreement, the landlord can send the tenant a three-day notice to “cure” or address the violation. The landlord can file an unlawful detainer complaint at the end of three days, not including weekends or holidays, if the tenant failed to fix or address the violation within the three days.
Three-Day Unconditional Quit Notice
If the tenant committed a serious violation, such as causing significant damage to the property or engaging in illegal activity on the premises, the landlord is entitled to send a three-day unconditional notice to move out. Under the terms of this notification, the tenant must vacate the rental property within three days. Curing the violation is not an option. If the tenant fails to leave the property, the landlord can file an unlawful detainer complaint at the end of three days, not including weekends or holidays.
Common Mistakes California Landlords Make When Evicting Tenants
Often, tenants facing eviction will attempt to slow or stop the process, alleging mistreatment, abuse of process, or other violations committed by the landlord. As discussed, a landlord must comply with all waiting periods and deadlines. There are several common mistakes that landlords make that give tenants defenses that might let them stay, even after eviction:
- A landlord must not accept any payment from the tenant during the eviction process.
- Landlords are not required to resend a notice during the eviction process. Should a landlord resend an eviction notification, then the waiting period begins again. The new notice effectively supersedes the older one.
- While landlords have a right to enter the rental property, they must provide 24-hour notice. Failing to do this provides a defense for the tenant. However, in cases of emergency, such as a gas leak, a landlord can suspend the 24-hour notice requirement.
- A landlord cannot turn off utilities to the rental property, even if the service is in the landlord’s name.
- Personal belongings left behind in a vacated rental property must be disposed of according to legal requirements, allowing fifteen days for the possessions to be reclaimed.
Experienced California Landlord / Tenant Attorneys for Eviction Cases
Eviction actions are complicated, requiring precise timing and scheduling. The deadlines and notice requirements in unlawful detainer actions are strict. Documents must be formatted correctly and filed promptly. Additionally, all notices are required to be sent to a tenant in a specific order. Any errors or mistakes will require the process to start over before you can affect the eviction.
At NewPoint Law Group, LLP, our experienced attorneys are dedicated to providing you the professional service necessary to properly represent your interests. Our commitment in residential and commercial property disputes is to assist our clients in evicting unlawful occupants as smoothly as possible. We will manage the proceedings, ensuring all the required documentation and paperwork are properly filed so that you can focus on your business.
Call Our Attorney for Landlords Filing Eviction to Schedule a Legal Consultation
Evictions can be long, complicated matters that become more expensive when errors occur. At NewPoint Law Group, LLP, our attorneys are experienced with the complexities and requirements of California landlord/tenant law. We provide professional representation to landlords engaged with delinquent tenants or tenants who have seriously violated their rental agreements. Call 800-358-0305 to schedule a consultation and have one of our seasoned attorneys evaluate your case.