When Can You Legally Evict a Tenant

Anyone who is at least 18 years old and not part of the case can file the complaint with the tenant within 60 days of filing, otherwise the case could be dismissed. Both of these options do not allow tenants to advocate if they appeal to stay in the rental unit. The best way to legally serve your customer is to send them a letter by registered mail or from a processing server that serves them directly in person. If the tenant has not responded, the landlord has several options: Tenants cannot be evicted illegally in the state of California. However, a landlord has the right to evict a tenant if they have not paid the rent on time. Once the enforcement order is served on the tenants, they will be given a grace period of 5 days to vacate the property. The sheriff will proceed with the eviction and forcibly evict them if they remain in possession after the grace period granted to them. If the landlord wins the case, the judge will issue a writ of execution for the eviction process to take place. Lol California law requires the landlord to issue written notice of termination under state law before legally terminating the lease. Landlords cannot force tenants to evict without due process. A landlord who evicts you for a “culpable” or “no-fault” reason must first give you written notice of the reason. Examples of illegal “self-help” evictions include changing locks, taking the tenant`s belongings, removing the front door, or turning off heating or electricity, but they can also be different things. Many states indicate how much money a tenant can sue if the landlord attempted to illegally evict the tenant through some sort of self-help measure.

Some state laws also provide court costs and attorneys` fees for the tenant (if the tenant successfully sues the landlord) and/or give the tenant the right to stay in the rental unit. If the tenant does not pay the rent and disputes this claim, it is important that you show the judge the following: There are specific requirements for ending a tenancy with different procedures for different situations. This article provides an overview that landlords can follow for the eviction process. In some municipalities with rent control ordinances, additional rules may be imposed for the termination of a tenancy. The information only applies to evictions from a house or apartment. Talk to a lawyer for help with commercial (commercial) evictions. Tenants don`t have time to solve problems. The landlord can bring an eviction action if they remain in the property after three days of moving. If your tenant doesn`t do what you asked for in the notice within the time limit, you can file forms with the court to start eviction proceedings. The eviction process can take 30 to 45 days or more.

The delay begins with the delivery of the eviction court forms to your tenant until they have to move. Section 92.333 further describes the remedies a tenant may take, including “a civil penalty of one month`s rent plus $500, actual damages, court costs and reasonable attorneys` fees in an action for property damage, moving expenses, actual expenses, civil penalties, or declaratory or injunctive relief, less late rent or other amounts for which the tenant is liable to the landlord.” There are many legal terms used in the deportation process that non-lawyers may not be familiar with. Below are some terms and their definitions that are useful to understand when faced with an eviction. See the other sections of this page for more information on how they are involved in the process. The writ of execution is the last notice tenants receive. They must remove their belongings before the sheriff forcibly abducts them. Preparation for the court and what to expect at the first hearing date in an eviction case. Tenants will have the opportunity to respond upon receipt of a copy of the summons and complaint. For more information about these laws, if you are a tenant and owe rent in arrears, or if you are a landlord and your tenant owes rent. The eviction notice must not include any other late fees or interest rates.

Only if the tenants have not paid the rent after receiving the notice can the landlord continue with the eviction process. A tenant can sue you for actual damages and violations.