Fast & Thorough Eviction Legal Document Preparation With Let Us Help

Let Us Help paralegals are ready to assist California landlords with their tenant eviction needs. We can take care of everything, from typing documents to filing them on your behalf.

What is Eviction?

Eviction is a process that allows a landlord to remove a tenant from a rental property. The process can vary based on the location and laws around tenant removal in a given state or municipality. Eviction can be as straightforward as a notice to the tenant to leave, or a legal case in which property owners must provide just cause for eviction, and tenants can file a defense against this removal from the property. The time needed for this process can thus vary based on the situation. Evictions with cause generally provide tenants less time than evictions served without cause.

Understanding “Just Cause” Evictions

As of January 1, 2020, California renters are required to provide a “just cause” reason for evicting renters. Just Cause Eviction legislation applies to both at-fault and no-fault eviction cases.

• At-fault just causes include consistently late rent payment, outright nonpayment of rent, violation of the lease agreement, persistent noise ordinance violations, and using a leased space for illegal activities.
• No-fault just causes cover situations where the renter must regain the unit for personal or business reasons. The tenant is not determined to be at fault in these situations. However, renters may have to assist with relocation expenses or provide a rent waiver in such cases. The relocation expenses should equal one month’s rent paid to the renter within 15 days of the service of notice of termination of tenancy.

Eviction notices fall under one of three main categories: indent:

• Pay rent or quit. Under this type of tenants, tenants are given a few days to pay the rent balance that they currently owe or move out.
• Cure or quit. Like the pay rent or quit notice, cure or quit notices give a tenant time to “cure” a lease violation. Times can vary based on the case and the breach in question. Acts that violate a lease include not adhering to local noise ordinances or owning unapproved or unreported pets.
• Unconditional quit. This notice allows the tenant to stay if the conditions outlined are met. In most states, unconditional quit notices are permitted for extreme cases, like chronically late rent payments.

(Please note that as of April 6, 2020, the California Judicial Council has delayed eviction proceedings. Tenants have until 90 days after the state of emergency has been lifted before property owners can act on legal demands for rent. During this time, however, landlords can still file new eviction cases.)

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