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Breaking a 12-month lease in California without penalties often depends on the circumstances. Valid reasons include habitability issues, medical emergencies, or becoming a victim of domestic violence. If none of these apply, you may still be liable for the remaining rent unless you find a replacement tenant. Utilizing resources like uslegalforms can guide you in understanding your rights.
Grounds to Evict a Tenant in IndiaThe rental laws in India enable the landlords to file an eviction suit against the tenant if there is a justifiable and valid reason for such a measure.
An example of a continuing breach is the failure to comply with a repairing obligation. However, failure to pay rent is no a continuing breach.
If you feel in the dark about dealing with a tenant not paying, read on for our guide to the steps you should take.1 Keep a record of rent payments.2 Talk to your tenants.3 Write to your tenant.4 Send a letter to the guarantor.5 Claim possession of your property.6 Go to court.7 Rent arrears and court action.More items...
If the tenant refuses to vacate after the expiry of the lease then you may move to court and obtain an order of eviction against him. Non-payment of rent is also a ground on which the lease can be brought to a premature end by the landlord by moving to court and filing a case for eviction.
If the tenant intentionally fails to pay the rent amount (stated in the rental agreement) for more than 15 days after the due date, you can file the eviction suit. If the tenant has sublet an already rented house/flat/property to another person without your consent or acknowledgment.
Invariably, a lease will contain a provision that in the event the rent is not paid, or some other covenant is breached, then the lease can be brought to an end by the landlord. The impact of this on the lease is that legally it no longer exists.
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.
Can I force a tenant to move out in California? No. California law requires the landlord to issue a written notice according to state law before legally terminating the tenancy. The landlords cannot force to evict the tenants without due process.
If the tenant does not pay rent, the landlord can use the security deposit to cover the rent charges and sue the tenant for any unpaid amounts of rent. The tenant could choose to not pay rent or move out of the rental unit. In this case, the landlord can proceed with the eviction at the end of the three-day period.