The state of California has established specific deadlines and procedures . If the landlord or owner does not adhere to this process, the flooding is criminal and may be blocked by the courts. Proceeding within an eviction without following the statute could result in fines or a prison sentence, depending on the circumstances. The eviction procedure guarantees that both parties have recourse to a hearing before a judge and have time and a chance to mediate their dispute.
If a tenant has failed to pay rent or has otherwise violated a term of their rental, the landlord may seek redress in the courts. The very first step in this procedure is. The note can be served a process server, by by certified mail or by service. The three-day period starts the day following the note is directly served on the tenant. The three-day period starts the day following the date of mailing, if the notice is mailed.
30-Day or 60-Day Notice
Alternately, a landlord may function as a 30-day or even 60-day notice on the tenant. These can only be used for tenants paying rent on a month-to-month basis, and where there’s no lease agreement containing a fixed term of tenancy. The 30-day note is used in cases where the tenancy covers a year or less; the 60-day notice, a tenancy of more than 1 year. If the landlord accepts any rent after the period of time expires, the flooding procedure is legally halted. A tenant residing in publicly subsidized housing may only be served using a 90-day notice. A tenant in possession–like in a foreclosed house –has to be supplied a 60-day notice to vacate.
In the event the lease breach isn’t addressed by the tenant, the landlord may file an unlawful detainer lawsuit in court. The tenant has to be legally served with the litigation and has five days to file an answer. In the event the tenant does not file an answer, the landlord may file a motion for a default judgment from the court. Following the default judgment is entered, the court issues a writ of possession and the sheriff's division issues a notice to the tenant, letting the tenant five days to vacate. The sheriff then may go ahead with a physical eviction of the tenant and his home.
The tenant can also file an answer to the unlawful detainer suit and require a hearing. The case is then set for a hearing; the scheduling time depends upon the court docket, but is usually between one and two weeks. If the court finds to your landlord in the hearing, it will issue a writ of possession, after which the tenant has five days to voluntarily leave the premises. The sheriff may then proceed with the flooding. If the court finds for the tenant, the tenant may stay in possession of the premises and the court may levy prices on the landlord/owner.
If the court has supported the landlord's suit, it may order the payment of back rent, any damages and court costs by the tenant. The court can also levy a penalty on the tenant in the event of malicious damage to the premises. To move in a claim for rent and/or legal expenses like the price of filing and service charges, the landlord may file a Declaration instead of Personal Testimony in civil court, or document a small-claims action.