Can I evict my tenant?

If you are a landlord in California, chances are that you have had a situation where the tenant residing at your property has been less than ideal. Fortunately, eviction proceedings are a possibility under certain circumstances.

According to the Department of Consumer Affairs, if the tenancy is month-to-month, you can give a 30 or 60 days’ notice that the property is to be vacated. This can usually be done without any explanation necessary. However, there are a few localities where an explanation for termination must be given to the tenant. These might include rent control cities or subsidized housing programs. Evictions cannot be served in cases of retaliation or discrimination.

For some transgressions, you can serve a written three-day day eviction notice to your tenant. Failure to pay the rent or violating the lease agreement falls under this category. However, if the violation can be rectified, such as bringing themselves up to date with rent payments, you will need to give your tenant the option to do so as well as information they would need to successfully fulfill the requirements. For instance, for rent issues this would mean outlining the amount due, the person or location to whom the payment should be made and the hours it can be done.

There are a number of violations that cannot be corrected, which would allow you to serve an eviction notice where vacating the premises is the only option given. This would include circumstances where the tenant has used the property in an unlawful manner, being considered a nuisance or interfering with other residents or tenants, or committing sexual assault, acts of domestic violence or stalking towards another tenant. The three-day period begins on the first day after the notice has been served. If the premises have not been vacated at this point, you can begin legal proceedings and file with the court.

This post is to be used in an educational manner only and should not be used as a substitute for professional legal counsel.

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