What happens when a landlord gives you an eviction notice?

An eviction must always start with the landlord giving the tenant an eviction notice. An eviction notice, as scary as it is for a tenant to receive, is not the eviction itself. When a tenant is served with an eviction notice, they still have rights and options.

Can a landlord evict a tenant if they have made you angry?

You cannot evict a tenant because they have made you angry by complaining or by legally reporting you to a housing authority. An eviction based on retaliation is known as a retaliatory eviction and it is illegal. Tenant actions that could cause a landlord to file a retaliatory eviction:

What can cause a landlord to file a retaliatory eviction?

Tenant actions that could cause a landlord to file a retaliatory eviction: Your tenant reports you to the health department because of a mold problem in their unit that is caused by a roof leak you have not fixed. Your tenant pursues legal action against you because he or she slipped on ice on the front stairs of the property and broke their leg.

Can a landlord start an eviction lawsuit without termination of tenancy?

A landlord cannot begin an eviction lawsuit without first legally terminating the tenancy. To legally terminate a tenancy, the landlord must give the tenant written notice, as specified in the state’s termination statute.

Can a landlord file an eviction appeal in the county court?

With increasing frequency, tenants are filing eviction appeals to the County Courts. These appeals frequently serve as attempts to delay the tenant’s inevitable loss of possession. However, even where the most frivolous of appeals are concerned, Landlords can find themselves lost in the web of the County Court and its procedures.

Do I need a lawyer to evict a tenant?

Though most landlords write their own eviction notices, they frequently hire legal counsel to assist in the full eviction process. It is not required that a tenant hire an attorney, however, as many tenants’ rights and housing lawyers offer legal aid clinics and other free or low-cost legal assistance services.

How do I evict a tenant from a rental property in California?

Step 1: Notice to Vacate. The landlord must give the tenant at least 3 days to move out before they can file an eviction suit, though it could be shorter or longer according to the lease Step 2: Filing of Eviction Suit. The eviction hearing cannot take place for at least 10 days after the petition is filed. Step 3: Judgment.

Can a landlord evict a tenant for not paying an electric bill?

Since your failure to pay the electric bill threatened the safety and living standard of the tenant, you cannot pursue the tenant for the remainder of the rent or file for an eviction because they did not pay the full amount of rent.

What happens if a tenant mounts a defense against an eviction?

If the tenant decides to mount a defense against an eviction suit, it might add weeks—even months—to the eviction process. A tenant can point to mistakes in the notice or the eviction complaint, or improper service (delivery) of either, in an attempt to delay or dismiss the case.