Whether you’re a landlord or tenant, it’s important to understand California’s eviction laws. When a landlord wishes to evict a tenant, he must begin an unlawful detainer action. An Orange County eviction attorney can advise on how to proceed.
Eviction Notice Requirements
To lawfully evict a tenant, a landlord must follow statutory notice requirements. As an Orange County eviction lawyer can explain, the landlord must complete a specific form to correlate with the type of eviction he seeks. For example, if a tenant fails to pay rent, then a landlord has the option of filling out a 3-day notice to quit. This gives the tenant the chance to bring the rent up to date. If the tenant fails to do this within the 3-day period, the landlord may then file a complaint and take the tenant to court. In California, landlords are not permitted to engage in “self-help” evictions by simply changing locks or putting property on the curb without following the required legal steps.
The Tenant’s Obligation
If a tenant receives an eviction notice, he or she can meet the terms of the notice and “cure” the defect, i.e. bring rent up to date or remove lease violations like pets. If the landlord files a complaint, the tenant will have the opportunity to answer it and appear in court to present a defense. The judge will ultimately decide whether to grant the eviction.
For help with your landlord-tenant issues, contact an experienced Orange County eviction attorney. To schedule an appointment with Schiff & Shelton, Attorneys at Law, call (949) 417-2211.
