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Wrongful Possession Of Property In Contra Costa
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State:
Multi-State
County:
Contra Costa
Control #:
US-000303
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Word;
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FAQ
It Is Wrongful Eviction When: A tenant vacates a rent-controlled apartment pursuant to an illegal eviction notice. A landlord fails to timely move in after an owner-move-in eviction. A relative fails to timely move in after a relative-move-in eviction.
The Ellis Act is a provision in California Law that provides landlords in California with a legal way to "go out of business" short of selling the property to another landlord.
The Racial Justice Act is a California law that prohibits the State from pursuing convictions or sentences based upon race, ethnicity, or national origin.
Here is the general unlawful detainer schedule: Day 1 – Landlord serves notice. Days 4 to 30 – Tenant response period expires. Days 30 to 45 – Landlord files in court, hearing date scheduled.
A Breakdown of Wrongful Eviction Compensation StateAverage Compensation AmountLegal Limits (if applicable) California $20,000 No statutory cap New York $15,000 No statutory cap Texas $10,000 Caps may apply; consult state law Florida $8,000 Caps may apply; consult state law
California passed a new landlord-tenant law that will provide additional protections for renters around just cause evictions. The law took effect on April 1, 2024, and requires landlords to have just cause to terminate tenancy after a California tenant has been placed in the unit for 12 months.
The Ellis Act is a 1985 California state law that allows landlords to evict residential tenants to “go out of the rental business.” In California, landlords (big and small) can choose to go out of the rental business and evict tenants.
If you lose your eviction case, you need to move out (at the latest) 5 days after the sheriff posts a Notice to Vacate on your door. If you need more time to move, you can ask the court for a stay of execution. You will need to show the court that you have a good reason for needing more time.
If the tenant decides not to terminate the lease, the tenant may demand possession of the property from the landlord and may sue whoever has possession of the property. This means that if a previous tenant is still occupying the property, the tenant can evict that previous tenant.
A landlord uses a 30-day Notice to Quit (move out) to end a month-to-month tenancy if the tenant has been renting for less than 1 year. A landlord uses a 60-day Notice to Quit if their tenant has been renting for 1 year or more.