The process of evicting a tenant in California begins with the landlord providing a written notice to the tenant to vacate the premises. The type of notice required will depend on the reason for the eviction.
If the tenant has breached the lease agreement, the landlord must provide the tenant with a three-day notice to cure. If the tenant fails to cure the breach within three days, the landlord may then file an unlawful detainer action in court.
If the eviction is based on non-payment of rent, the landlord must provide the tenant with a three-day notice to pay rent or quit. If the tenant does not pay the rent within three days, the landlord can proceed with an unlawful detainer action.
If the eviction is based on a month-to-month tenancy, the landlord must provide the tenant with a 30-day notice to vacate the premises. If the tenant has resided in the unit for one year or more, the landlord must provide a 60-day notice.
Once the notice has been given, and the necessary time has elapsed, the landlord may file an unlawful detainer action in court. If the court finds in favor of the landlord, a writ of possession will be issued, and the sheriff will be authorized to physically remove the tenant from the premises.
It is important to note that there are limitations and exceptions to the eviction process in California. For example, a landlord cannot evict a tenant for discriminatory reasons, such as race, gender, religion, or disability. Additionally, a tenant who is being evicted for non-payment of rent may be able to avoid eviction by paying all of the outstanding rent and fees prior to the court hearing.
If you are a landlord seeking to evict a tenant in California, it is recommended that you seek the advice of a licensed attorney. A knowledgeable attorney can guide you through the eviction process and ensure that you are in compliance with all applicable laws and regulations.
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