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What to do About an Eviction Notice in California

State

California

 

Renters' rights can be confusing – there's a lot of erroneous information out there that prevents renters from truly knowing their rights. When it comes to eviction in California there are a lot of protections for renters, so if you get to the point of receiving an eviction notice, you should make sure that it was delivered legally. Similarly for landlords, you should take care to deliver evictions so that they're fully covered within the scope of the law, or you may end up with no course of action. 

 

As a renter in California, if you do nothing to stop an impending eviction, and you end up having to move out, you still have about a month from the filing of the eviction lawsuit before you will be locked out by the sheriff. If you do decide to fight the notice and end up having to move out any way, you can often get an extra two to three months before you have to vacate. 

 

The first step in the eviction process is to deliver an eviction notice to the tenant. The claim then goes to an unlawful detainer lawsuit. If the tenant wins at this stage, they get to stay and the landlord must reimburse them for their legal costs. If the tenant does not win, the Sheriff will give a five-day notice that the tenant will be locked out, at which point the tenant must leave (but can come back for their belongings). While undergoing the process of eviction, the tenant does not pay rent, although they still owe it. 

 

Landlords and tenants alike must follow certain rules and parameters while going through the eviction process, some of which include: 

 

Landlords cannot lock tenants out, take their belongings, remove property, or turn off utilities to try to force them to move. If a landlord does one of these things, he or she is liable for all costs, plus $100 per day that the unlawful behavior continues.  

 

The landlord cannot have the police or Sheriff arrest a tenant instead of going to court. The Sheriff may be used to serve the eviction papers, but anything beyond that awaits the court's determination.

 

The landlord may not start doing major construction to make it impossible to live on the premises, or otherwise interfere with reasonable peace and quiet. 

 

The landlord cannot threaten to report a tenant to immigration authorities or other law enforcement, nor can he or she make any other threat to get a tenant out. 

 

Furthermore, landlords must give tenants a certain amount of notice – these timeframes differ depending on how long the tenant has lived on the premises and what the city or county's specific laws are – before forcing tenants to leave. It's wise for both landlords and tenants to be aware of the laws in their area and check the legalities of their behavior before and during the eviction process. 

 

Property management is evicting me?

 

Property management is evicting me?i have been renting a space inside a duplex the downstairs unit, from a property management company in california.its a commercial lease for a year.this unit is not zoned a commercial property.i have opened my business here and have been working out of the unit since Feb of this year.as i began to remodel the place i noticed that it has foundation problems,there are cracks in the cement and when it rains water comes in and floods the back of the building.i waited 3 months for the owner and property management to fix this unit and while most of the leaks have been fixed the major issue still remains and cannot be fixed from the inside of the building.i called property management and told them that i wasn't going to pay them until they thoroughly fixed the leak.the returned my call telling me that the are going to evict me.i talked with a attorney and he said to pay them,write a letter to property management about the leak and call the city and complain.wrote the letter emailed saturday,went in to pay them and they wouldn't accept my rent.they said i would have to talk with there attorney,i called the attorney that represents the property and he is talking about a settlement,and i cant reach my attorney,need some advice on how i should proceed,please help. i havent received a notice of eviction as of yet but i think my neighbor has removed it since i have been complaining about her and her friends hanging out front trashing the place and smoking weed. I've done a lot of work to this property and it looks nice,just finished the bathroom and i dont want to get kicked out just the leak fixed so i can continue my business.

 

Property management is evicting me?

 

Property management is evicting me?i have been renting a space inside a duplex the downstairs unit, from a property management company in california.its a commercial lease for a year.this unit is not zoned a commercial property.i have opened my business here and have been working out of the unit since Feb of this year.as i began to remodel the place i noticed that it has foundation problems,there are cracks in the cement and when it rains water comes in and floods the back of the building.i waited 3 months for the owner and property management to fix this unit and while most of the leaks have been fixed the major issue still remains and cannot be fixed from the inside of the building.i called property management and told them that i wasn't going to pay them until they thoroughly fixed the leak.the returned my call telling me that the are going to evict me.i talked with a attorney and he said to pay them,write a letter to property management about the leak and call the city and complain.wrote the letter emailed saturday,went in to pay them and they wouldn't accept my rent.they said i would have to talk with there attorney,i called the attorney that represents the property and he is talking about a settlement,and i cant reach my attorney,need some advice on how i should proceed,please help. i havent received a notice of eviction as of yet but i think my neighbor has removed it since i have been complaining about her and her friends hanging out front trashing the place and smoking weed. I've done a lot of work to this property and it looks nice,just finished the bathroom and i dont want to get kicked out just the leak fixed so i can continue my business.

 

wrongful eviction

my landlord served my minor child papers to give me 60days to vacat premise when he knew i wasnt home. then when i contacted him he said it was for too many repairs . when i moved in the house needed and still does need repairs. i signed an agreement with landlord that i would give him time to make repairs, now that i am questioning him on doing them he says he mom wants me out. is this legal?

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