What is the eviction process in California?

The California Eviction Process requires that the landlord has given proper notice and if the tenant doesn’t voluntarily move out, the landlord can evict the tenant. In order to evict the tenant, the landlord must file an Unlawful Detainer Lawsuit in Superior Court.

When does a tenant refuse to leave an eviction notice?

Basically, it can take a few weeks or even months to fully move through the eviction process depending on the situation. Even after you serve an eviction notice (or even receive a judgment from a court hearing), there are cases in which the tenant does not leave after notice: They don’t agree with the notice reason.

What happens if a landlord gives a tenant a retaliatory notice?

The Tenancy Tribunal can award exemplary damages of up to $4,000 if a landlord does this. If a landlord issues a retaliatory notice the tenant can apply to the Tribunal to have the notice set aside. The tenant has to apply within 28 working days of receiving the notice. Sometimes a tenant doesn’t move out of the property when the tenancy has ended.

What happens if a tenant won an eviction hearing?

In some cases, the court may grant a tenant what is known as a “stay” even though you won the eviction hearing. This stay gives the tenant more time to remain in the property, and the amount of time is decided by the judge at the hearing.

When do you need to evict a tenant for breaking lease?

When you’re ready for a tenant to move off your property because they keep breaking the lease agreement or are otherwise causing real damages to your business, you’ll likely want them to be gone as soon as possible. Unfortunately for landlords, the evictions process is not a fast or immediate one.

What to do if a landlord evicts you in California?

In California, landlords must follow specific rules and procedures when evicting a tenant. If you are served with a notice or summons with an Unlawful Detainer complaint, you have five days to file a response with the court. You need to file your response in the right form or your case might not be heard.

Can a landlord evict you for failure to pay rent?

Under AB 3088, landlords may begin filing certain eviction actions for failure to pay rent or other charges as of October 5, 2020, but cannot evict tenants for failure to pay rent who have delivered to their landlord a declaration of COVID-19-related financial distress within 15-days after being served with a notice to quit by the landlord.

Can a landlord give a tenant a 30 day eviction notice?

1 Until July 1, 2021, a landlord can only evict a tenant if they provide a legally valid reason. 2 It is illegal for a landlord to give a tenant a 30 or 60 day eviction notice without a stated reason. 3 The stated reason must match one of the valid reasons allowed by the law, a “just cause” eviction.

How much can I sue a landlord for wrongful eviction?

Another is emotional distress. In wrongful eviction cases under local rent ordinances, your out of pocket (actual) damages are tripled, and in those cases where your landlord behaved egregiously, emotional distress damages may also be tripled. Typically, the longer the length of your old tenancy, the more your emotional distress is valued.