When your tenant is not following the terms and conditions of their lease or rental agreement, it may be time for an eviction. Making sure you comply with the rules and follow the procedures required is important to secure justice in any given situation. A mistake can cause delays, additional costs and other issues contrary to your interests.
At The Law Office of A.E. Roberts, we handle eviction cases in Riverside, San Bernardino and San Diego Counties. We know the arguments that are often used on both sides of any eviction matter. We act proactively and professionally to make sure your interests and rights are protected and upheld. Contact us today at 951-961-0997 to schedule a free evaluation.
Basic Eviction Process in California
The exact process may vary from case to case, but the most common process includes:
- Proper Notice: A tenant must be given proper notice that they must leave the premises by a certain date. State laws may require that this notice be posted on the property, mailed to a certain address, or served upon the tenant.
- File and Serve an Unlawful Detainer Complaint: Generally, the landlord will next need to file a complaint in the proper court and have the tenant served with the Summons, Complaint and related Unlawful Detainer documents and pleadings.
- Hearing Held: A hearing is held before a judge. If the judge agrees that the eviction should move forward, a date is set for the tenant to vacate the property.
- Tenant Removed: If the tenant still does not leave, the landlord may enlist the help of local law enforcement to have the tenant evicted from the property.
Again, the exact process varies. It is in your best interest if you live in California to contact us at 951-961-0997 so that you can get your specific questions and concerns answered and have your rights and obligations described to you. We will represent you during the hearing and advocate your rights before the judge.
Reasons a Landlord Can Evict in California
Every state has rules that establish reasons why a landlord can legally evict a tenant. These reasons may include:
- Failure to pay rent in full when due
- Failure to comply with the terms of the lease agreement
- Committing an illegal act
- Violation of the no-pets rule
Again, to know the exact reasons allowed in California, it is best to contact our evictions attorney who handles evictions and other landlord-tenant matters.
Tenant Rights during an Eviction
Each state affords tenants certain rights during the eviction process. While these rights vary by jurisdiction, one of the most common rights is the right to defend against eviction. Every state has defenses to eviction available to tenants, and when a tenant feels that their rights have been violated, they have the ability to raise one of these defenses. Defenses include improper notice and acceptance of rental money. When a tenant raises a defense, they have the right to remain in the property until a judge makes a finding on the eviction and their right to stay in the property.
When a tenant rents property, there is typically a contract that is signed. Tenants should read this contract to understand any rights they might have under its terms. Also, tenants have the right to seek counsel from an attorney.
The Law Office of A.E. Roberts represents commercial landlords and commercial tenants.
Landlord Obligations during an Eviction in California
Landlords have certain rules they must abide by during the eviction process. While the specific rules vary by jurisdiction, landlords typically cannot:
- Evict a tenant without cause
- Evict a tenant as a form of retaliation
- Enter the property and remove items belonging to the tenant
- Block the tenants' access to the property
- Evict a tenant without proper notice of the eviction
Landlords often become upset when they have a tenant who ceases paying rent. Even so, they must follow the legally mandated protocol for eviction proceedings.
Defenses to Eviction in California
Defenses to eviction vary by state. However, there are some defenses that are more commonly utilized than others, like failure to maintain the premises, acceptance of rent monies, blocked access to the home, improper notice, retaliatory eviction are some common examples.
Failure to Maintain Premises
Landlords have an obligation to maintain the premises being rented. Sometimes, they fail to follow through, causing the tenant to take matters into their own hands. For example, if a tenant can show that they notified the landlord (in writing) of a problem with the property, and the landlord failed to respond within a reasonable time forcing them to hire someone to repair the property instead, they may have a defense to an eviction. In states that allow this, the amount of repairs is generally deducted from the amount of rent.
Acceptance of Rent Monies
In most areas, when a landlord accepts rent money from a tenant, they cannot proceed with eviction during that rental period. The amount of money accepted by the landlord does not have to be the full amount of the rent that is owed.
Blocked Access to Home
Some landlords become frustrated with a tenant and block their access to the rental property. When they do this before the eviction process is complete, most states will stop the eviction. Examples of blocked access include changing the door looks and turning off the utilities.
Improper Notice
Improper notice is a common defense in most states. Eviction is a process that has specific rules and established time frames. When landlords refuse to adhere to these specific laws, tenants may be able to use that non-compliance as a defense to eviction.
Retaliatory Eviction
Sometimes landlords become upset when a tenant reports them for code violations or requests that repairs be made to the property and then proceed with an eviction for no other reason than retaliation. When this occurs, the tenant may have a solid defense to the eviction process.
Contact an Evictions Attorney in Murietta Today
Having to bring an eviction can be a frustrating, time-consuming process. Making sure you know your rights and responsibilities can go a long way to securing a favorable outcome.
At The Law Office of A.E. Roberts, we will review your case and advise you of your best legal options. Acting proactively and professionally throughout the course of this process will help you in the long run, and we can help make sure that happens through our representation of you and your rights. Contact us today by filling out the online form or calling us at 951-961-0997 to schedule a free evaluation call.
The Law Office of A.E. Roberts represents residential landlords, and commercial landlords and commercial tenants.
