Law Office of Leo B. Siegel
Real Estate Law And More In Santa Clara County And Beyond
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Areas & Topics

Giving advance notice before eviction

An unfortunate part of doing business is that many people won’t uphold their end of a contract. This is especially true in property management and landlord situations where the agreement includes living arrangements.

Eviction is the legal process of removing a tenant for violating their rental agreement. There are many reasons, from criminal behavior to not paying rent to unlisted occupants. If a tenant isn’t biding the rules in their lease, a landlord has the right to action.

When can a landlord evict a tenant?

If a tenant is on a month-to-month agreement, the landlord simply needs to provide advance written notice for them to leave the property, most often within 30 or 60 days. If the tenant has a lease that is effective beyond a two-month window, either the two parties will need to reach a mutual agreement or the landlord should plan for eviction.

While tenants have the right to advance notice, there is a three-day rule in California for serious situations where it is unsustainable to keep a resident onsite.

Circumstances include:

  • Failure to pay rent
  • Violation of the lease
  • Damage to property
  • Nuisance to other tenants
  • Criminal weapons charges
  • Unlawful use of property

The last category, unlawful use of property, is wide-ranging. Most notably, anyone who commits domestic assault, violence or violates drug law on the premise is subject to eviction. Other instances might include dog fighting, prostitution or any other illegal activity.

Protecting your investment

The law protects landlords from uncooperative tenants. The list above emphasizes property value and tenant safety: two major concerns of any property manager. While tenants have the right to privacy and to do as they please in their residence, there are limitations that align with California law. While the law protects property owners, it similarly looks out for tenants’ rights.

Tenants deserve time to vacate a property, to appeal their situation and to make amends on an issue such as overdue rent. There are many finer details within eviction law about how an eviction notice is issued and what information is present. To make sure you’re fully protecting your interests, it’s advised to consult with an attorney who is familiar with California landlord-tenant law. Eviction is often vital to removing a problem tenant. If done wrong, it can lead to a costly legal battle instead of resolution.

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