- A California landlord does not need a specific cause to terminate the lease when the tenant is renting from month-to-month. If a landlord wants to evict a tenant in any other lease agreement, he has to follow the guidelines for legal reasons. Examples of legal reasons to evict in California includes rental nonpayment, violating lease agreements, causing extensive damage to the home, committing a crime in the property or causing issues with other tenants.
- California has three different notice periods used for a notice to vacate. A 30- or 60-day period covers tenants who are on a month-to-month lease. The landlord uses the shorter period when a tenant has stayed in the rental for under a year, and the longer period when the month-to-month tenant has lived in the home for over a year. All terminations for cause use a three-day notice period.
- The California Department of Consumer Affairs reports that landlords must include a way to correct the problem, if the termination cause can be corrected. When the tenant follows the correction instructions, the lease agreement is reinstated in its original form. If the tenant cannot or will not correct the problem, he can leave during the termination period. The landlord cannot sue for eviction if the tenant leaves during eviction. If back rent is owed, the landlord can use a civil lawsuit to get a judgment for collection.
- The California landlord files an unlawful detainer lawsuit in California civil court to start the eviction once the three-, 30- or 60-day period has passed. If the landlord receives the eviction judgment, the tenant does not have long to leave the property before it is enforced. The California court will tell the tenant how long he has to leave after judgment. Should the tenant not appear at the hearing, the decision and period of time to vacate is given in a notice of the judgment.
Eviction Causes
Notice Period
Leaving During Termination
Eviction
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