The eviction will occur as soon as possible after the expiration of the 5-day notice. The 5-day “NOTICE TO VACATE” will be served by personal service on an occupant or by posting a copy at the address and mailing a copy to the debtor/tenant(s).
Ask for more time to move. 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.
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 your tenant won't fix the problem or move out, you'll have to go through the court to get an order for them to move out. The eviction process can take 30 - 45 days, or longer. The time starts from when you have eviction court forms delivered to your tenant to the time they must move out.
If you are a tenant and feel like you are being unfairly evicted and/or your eviction notice is in violation of the eviction moratorium, please call Bay Area Legal Aid (BALA) at 800- 551-5554 and ECHO Housing at 510-581-9380 or 855- ASK-ECHO.
Financial assistance for unpaid rent and utilities may be available to residential tenants at the State of California's website at: or by calling 1-833-422-4255. For affordable housing information, visit - Housing.
Ing to AB-1482, the Tenant Protection Act of 2019, landlords in California are only permitted to increase rent by 5% plus 10% or the annual inflation rate, whichever is lower.