Users' questions

Is California doing evictions?

Is California doing evictions?

California still allows evictions right now for reasons other than unpaid rent, including breaking the lease agreement, damaging the property or using the property to do something illegal.

Can I be evicted in California 2021?

Currently, until October 1, 2021, a landlord must provide a “legally valid reason” to evict a tenant; Giving a 30-day or 60-day eviction notice without a stated reason is illegal; and. The stated reason must include one of the valid reasons provided under the law.

Is the eviction moratorium extended in California?

SACRAMENTO – Governor Gavin Newsom today signed legislation to extend the state’s eviction moratorium through September 30, 2021 and clear rent debt for low-income Californians that have suffered economic hardship due to the pandemic.

Where to get legal advice for eviction in California?

If you wish to seek legal advice, you should consult with an eviction attorney. For more information about the eviction process, visit the California Courts Judicial Branch of California website. You can select whether you are a landlord or a tenant and information regarding all the eviction steps necessary will be provided.

Is it illegal to evict a tenant in California?

Even after winning the eviction lawsuit, the landlord must use a sheriff to actually perform the eviction. California law has made it illegal for the landlord to personally remove the tenant from the rental unit. See Illegal Eviction Procedures in California for more information on this topic.

When to file an eviction notice in California?

This notice informs the tenant that the tenant has three days to correct the violation. If the tenant does not correct the violation within three days, then the landlord can file an eviction lawsuit (see Cal. Code of Civ. Proc. § 1161 (3) ).

How long does it take to challenge an eviction in California?

If the tenant wishes to challenge the eviction, the tenant will have five days from the day the tenant received the summons to file an answer or other written response with the court. Then the tenant must attend the trial before the judge.

How does a landlord evict a tenant in California?

Removal of the Tenant. The only way a landlord can legally evict a tenant in California is by going through the courts and winning an eviction lawsuit, or unlawful detainer suit. Even after winning the eviction lawsuit, the landlord must use a sheriff to actually perform the eviction.

How long does it take to get an eviction notice in California?

The length of time the process takes depends largely upon the tenant’s willingness to go to court to fight the eviction. In the state of California, a landlord may seek eviction for: A landlord is required to present his tenant with a 3-Day Notice to Pay Rent in the state of California.

What makes an eviction a ” nuisance ” in California?

Breaks the lease or rental agreement and will not fix the problem (like keeping your cat when pets are not allowed); Becomes a serious nuisance by disturbing other tenants and neighbors even after being asked to stop; or Uses the property to do something illegal.

Who is protected from eviction by the CA Relief Act?

Although at best a “stop-gap” measure, most California tenants are at least temporarily protected from eviction (through 1/21/21) by this law, which provides that: Only tenants who can’t pay rent because of COVID-19 related financial impacts are protected by the CA Relief Act.