California Landlord Eviction For No Reason
Description
How to fill out California Landlord Tenant Eviction / Unlawful Detainer Forms Package?
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FAQ
A no fault eviction in California occurs when a landlord terminates a tenant's lease without a stated reason that involves tenant misconduct. This type of eviction may arise if a landlord decides to sell the property, make extensive renovations, or otherwise take the unit off the rental market. Under California law, tenants facing such evictions have specific rights and protections. Understanding these can help you navigate a California landlord eviction for no reason.
California Eviction Laws and Process Step 1: Notice to Terminate. ... Step 2: The Landlord Files an Unlawful Detainer Lawsuit. ... Step 3: The Landlord Serves the Unlawful Detainer Paperwork on the Tenant. ... Step 4: Trial or Hearing. ... Step 5: Eviction Judgment. ... Step 6: Removal of the Tenant.
California law restricts a landlord's ability to terminate a residential lease, evict the tenant and retake possession of the property. When a tenant has lawfully occupied the residential property for 12 months or more, the landlord is prohibited from ending the tenancy without ?just cause.?
California's Tenant Protection Act The Tenant Protection Act prohibits landlords from evicting most tenants without ?just cause.? The law sets out two kinds of evictions: "at fault" evictions and "no fault" evictions. At fault evictions include: Nonpayment of rent. Breach of a material term of the lease.
A tenant in California can absolutely win an unlawful detainer case if they can prove in court that there is no legal ground for the eviction or if the landlord has not followed the correct procedure for the eviction.
The Notice must be in writing and include: The date the tenancy will end ("be terminated") Detailed reason(s) for the eviction. That if the tenant doesn't move out within 90 days the owner may start a court case to evict them and that they can give their side of the story then.