California Tenant's Affidavit of Possession
Description
How to fill out Tenant's Affidavit Of Possession?
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FAQ
?No-fault? means you have not done anything wrong. But, your landlord can still require you to move out for one of the ?no-fault? reasons listed in the law. If your landlord evicts you for one of these reasons, they must first give you one month's rent or waive one month's rent to help you move out.
After the creditor landlord obtains a judgment in an unlawful detainer action, the court may issue a Writ of Possession (real property) that authorizes the Sheriff to remove (evict) the occupants from the property. The eviction is scheduled as soon as possible after the expiration of the 5-day period.
A landlord can use a 30 day-notice to end a month-to-month tenancy if the tenant has been renting for less than a year. A landlord should use a 60-day notice if the tenant has been renting for more than one year and the landlord wants the tenant to move out. (CCP Section 1946.1.)
Landlords cannot raise rent more than 10% total or 5% plus the percentage change in the cost of living ? whichever is lower ? over a 12-month period. If the tenants of a unit move out and new tenants move in, the landlord may establish the initial rent to charge. (Civ. Code § 1947.12.)
One of the new rules is that landlords can only evict tenants for valid reasons. These valid reasons include non-payment of rent or violating the lease agreement. Landlords must follow these rules in order to legally evict tenants. Another regulation is the implementation of an extended notice period for evictions.
California's Tenant Protection Act The only lawful way to evict a tenant is to file lawsuit and wait for the court to order the Sheriff or Marshal to carry out the eviction.
If the new owner chooses to evict existing tenants, the new owner must give tenants at least 90 days' notice before starting eviction proceedings, unless the tenants are the former owners, in which case a 3-day notice is required. Tenants in some California cities may still have a right to stay in their buildings.
Codified at California Civil Code Section 1946.2, the Act, among other things, requires landlords of residential rental property to pay a relocation payment to covered tenants upon eviction for no-fault just cause, as defined in the Act.
