The eviction process for landlords | California Courts (2024)

FAQs

The eviction process for landlords | California Courts? ›

3-day Notice to Perform Covenants or Quit (Fix a problem or move out) A landlord can use this kind of Notice if their tenant isn't following the rental agreement or lease, and the problem can be fixed.

3-day Notice to Perform Covenants or Quit (Fix a problem or move out) A landlord can use this kind of Notice if their tenant isn't following the rental agreement or lease, and the problem can be fixed.

Move out process

After the Writ of Execution has been served to the tenants, they will be given a grace period of 5 days to vacate the property. The sheriff will execute the eviction and forcibly remove them if they remain in the property after the grace period given to them.

California passed a new landlord-tenant law that will provide additional protections for renters around just cause evictions. Set to take effect on April 1, 2024, the law will require landlords to have just cause to terminate tenancy after a tenant has been placed in the unit for 12 months.

30-day or 60-day notice to quit: This notice can only be given if you have a month-to-month rental agreement. If you have lived in the rental unit for less than one year, then you will receive a 30-day notice to quit, which gives you 30 days to move out of the rental unit.

If the tenant doesn't pay rent when it is due, the landlord can give the tenant a three-day notice to pay rent or quit (move out). This notice informs the tenant that the tenant has three days to pay rent in full or move out.

California Landlord Tenant Law EVICTION Delay Help

File a Motion to Quash states that the tenant was either not properly served or notified. File a Motion to Strike challenges the legal authority of the landlord to file the eviction which can set the eviction back up to three weeks.

It depends upon how the law is written in your state. For example, in California, a residential eviction begins with the landlord serving the tenant with a Three Day Notice to Pay Rent or Quit. So long as the rent is paid within the three day period, the eviction is automatically cancelled, and the tenancy continues.

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.

What is the new rent law in California 2024? ›

California Senate Bill 567, i.e., the Homelessness Prevention Act, which goes into effect on April 1, 2024, seeks to cap rent hikes at 10% and prevents landlords from evicting tenants without a legal cause. California Assembly Bill 12, i.e., the new residential security deposit law, which goes into effect on July 1, ...

If the judge (or a jury) decides the landlord has the right to evict you, the judge will give the landlord a Judgment of Possession. They may also order you to pay back rent, damages, penalties, and costs, like filing fees and attorney fees (if this is in the rental agreement).

California eviction laws allow landlords to evict tenants for certain reasons, such as when the tenant fails to pay rent, breaches the terms of the lease agreement, or stays after the lease or rental agreement has expired. Generally speaking, an eviction takes roughly 5 to 8 weeks for a landlord and their tenants.

Once you have come up with a mutual agreement, your landlord can allow you to apply for an eviction record expungement. You should document all the mediation proceedings, such as payment receipts, your mutual agreement and the landlord's consent. You will need these documents to support your expungement application.

The main Federal eviction moratorium expired in July 2021, and California's eviction moratorium ended for almost all tenants in June, 2022.