Overview of the Residential Eviction Process in California
The eviction process in California is all about giving a tenant notice of the reason why the landlord wants to evict and allowing them an opportunity to correct the problem. Usually, the landlord must give the tenant three days’ notice if the lease has been broken by failing to pay rent or follow the other terms. In that period, the tenant is able to pay the back rent or fix the problem.
However, if the tenant has committed a serious violation of the lease, the landlord could give them a three-day notice that they will start eviction proceedings with no ability for the tenant to fix the situation.
Self-Help Is Forbidden
The landlord cannot evict the tenant on their own. Everything must be through the courts. The landlord must file an unlawful detainer action in court. The tenant is given notice of the basis for the eviction. There would be a court hearing, and the tenant is able to present their defenses to eviction. For the landlord, it is important to closely follow all procedures because they could be liable if there is an unlawful eviction.
Even if the landlord obtains an eviction order from the court, they cannot remove the tenant on their own. The sheriff is responsible for removing the tenant from the property. The landlord cannot change the locks or do anything to force the tenant to move. The landlord should even research the local laws on the tenant’s property. They may have obligations to store it depending on the jurisdiction.
Contact an Encino Landlord/Tenant Attorney
Landlords and tenants could both benefit from legal help during the process. Contact a landlord/tenant attorney at The Urbach Law Offices online or call us at 888.212.9071 to learn more about your legal rights and obligations.