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What Should I Know About Eviction in California?

If you rent a home or apartment in California, being fully aware of your rights and responsibilities is extremely important. This is especially true when it comes to eviction. Landlords do have the right to evict tenants under certain circumstances, as explained by the California Department of Consumer Affairs.

No matter the situation, landlords must give tenants notice before evicting tenants. However, the amount of notice can vary depending on the exact situation at hand. In general cases, landlords must provide 30 or 60 days’ notice to tenants they wish to evict. Additionally, landlords are not obligated to provide a reason when giving this much notice. All that’s required is that the notice is provided in written form, unless a special situation applies (such as residence in a rent-controlled dwelling).

Landlords can also evict a tenant with only three days’ notice, but only under certain circumstances. For instance, if a tenant fails to pay rent, damages the property, or commits a violent act against another resident of the property, a landlord can use this option. Violations of the lease or rental agreement can also result in a three-day eviction, as can using the property for unlawful purposes, such as drug dealing or other crimes.

When giving a three-day notice, there are other procedures that must also take place. If the reason for eviction involves a failure to pay rent, the notice must include the amount that is due. The notice must also include the contact information of the landlord, and when the landlord is available so that past due rent can be remitted. If the tenant refuses to move after notice is provider, the landlord can file a motion in Superior Court to ensure the eviction is legally compliant. 

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