Eviction Attorney Orange County
CA
The most common ground for eviction is unpaid rent. However, all kinds
of evictions are covered by this website. Examples of other grounds for
eviction include Holdovers (where the tenant stays after the lease has
expired), damaging the property, or violating anything else in the lease
agreement. The eviction form provided on Eviction Resources (Eviction
Notice) covers evicting a tenant for unpaid rent. The eviction notice
form also covers evicting a tenant for other lease violations.
Eviction Attorney Orange County
There are many websites on the web that sell landlord forms, including
the eviction form. There are also numerous books, tapes, and entire
courses made just for landlords and eviction. Those can all be very
costly. Many times, a landlord simply needs an affordable eviction form
to post on the rental property, and that is enough to get a bad tenant to
vacate the property. Why pay a lot of money to an attorney when all you
need is a simple two page eviction form?Â
California landlords should seek to terminate or end a tenancy before
attempting an eviction. The most common reasons for ending a tenancy are
nonpayment of rent and violation of one or more lease terms. It is best
to send a notice for nonpayment of rent before terminating a tenancy,
even if you don't have to by law. A record of repeat notices to pay rent
will establish that a tenant has a history of late payments.
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If you have a month-to-month agreement, either party (landlord or
tenant) may end the tenancy with the proper amount of notice. In
California, that is 30 days. If you have a lease, say with a term of one
year, the tenancy naturally ends when the year is up, unless the lease is
renewed. If a landlord wishes to end a tenancy earlier, he or she may do
so by serving the tenant with an appropriate notice. California allows
for the following types of written termination notices:
Notice to Pay Rent or Quit: This is a 3-day
notice. In California, tenants have 3 days to pay their rent or move
before a landlord may file for eviction. [Cal. Civ. Code Sec.
1161(2)]
Notice to Perform Covenants or Quit: This is
a 3-day notice. In California, tenants have 3 days to cure (or cease) a
violation of their lease or move out before a landlord may file for
eviction. [Cal. Civ. Code Sec. 1161(3)]
Notice to Quit (Unconditional Quit): This is
a 3-day notice. California law allows landlords 30-Day Notice to Quit
(for month-to-month tenancies) [See
http://www.alameda.courts.ca.gov/selfhelp/Civil/udbeforefiling.html]
Getting Help
In California, evictions are handled in superior court. Find your
local superior court at the California Courts website. Many superior
court sites and the California Courts main site will have landlord/tenant
forms available to download for free. While it may seem easy (simply fill
out the form and voila! - your tenant is out), sometimes events do not
unfold as smoothly as you had hoped. If you are unsure of the termination
and/or eviction process at any point, you may wish to hire or consult
with a California landlord attorney or California tenant lawyer.
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Eviction Attorney Orange County
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