Under AB , landlords could begin filing certain eviction actions for failure to pay rent or other charges as of October 5, , but were prohibited, through January 31, , from evicting tenants for nonpayment of rent who have delivered to their landlord a declaration of COVIDrelated financial distress within days after being served with a notice to quit by the landlord. On September 2, the U. Centers for Disease Control and Prevention CDC issued a public health order to temporarily stop landlords from taking actions to evict tenants who provide a declaration that they are unable to pay rent and meet certain other requirements.
The original order provided such protection to December 30, , but was extended several times since then, most recently through July 31, Under the order, a tenant who provides a declaration may not be evicted for failure to pay rent. As of August 27, , the August 3 order no longer applies. The Judicial Council has approved several new unlawful detainer forms and revised two existing forms in response to state legislation put in place and amended several times since the start of the pandemic.
The following forms have been adopted or revised since October 5, to implement the provisions of state law:. Read more about Eviction Notices. The text required is in the statute and on the forms linked below. If served on or after July 1, , the notice must contain information about the emergency rental assistance program and the extended dates of eviction protection through September 30, The landlord must also provide with the notice an unsigned declaration of COVIDrelated financial distress.
See Landlord Forms for links to specific language for required notices to tenants. The landlord must have the tenant served within 60 days of filing the complaint, or the case could be dismissed by the court.
Once the summons and complaint have been served, the tenant has a chance to respond to the complaint. Within 60 days.
Tenants who were served with the summons and complaint in person have five business days to respond to the complaint prior to a court hearing. Both the default judgment and the order of possession bypass the hearing; therefore, the tenant will not have the opportunity to present their case for why they should be allowed to remain in the rental unit. Once the landlord files a request for hearing, the eviction hearing will be scheduled within 20 days of the date the request was filed.
Either the landlord or tenant could possibly request an extension. The decision is granted or denied by the judicial officer. If the judge rules in favor of the landlord, a writ of execution shall be issued and the eviction process will proceed. In California, filing an appeal will not stop the eviction. The only way a tenant can stop an eviction is to request a stay of execution after receiving the writ of execution in accordance of Step 5 below. Approximately 20 days. The hearing will be scheduled for a date within 20 days of the date the request for hearing was filed by the landlord.
A few hours to a few days. The landlord must request the writ of execution, but it can be issued the same day as the hearing. Tenants have five days to move out once they have been served with a copy of the writ of execution.
If a tenant does not move out within that period, the sheriff will return and forcibly remove them. If granted by the court, this will only put off the eviction, not prevent it, and the tenant will still need to move out after the 40 days has ended. Five days. The tenant has five days to move out of the rental unit after being served with the writ of execution. This process can be delayed by up to 40 additional days if a stay is requested.
With that being said, these estimates can vary greatly, and some time periods may not include weekends or legal holidays. Single Lodger in a Private Residence. The owner shall give the single lodger written notice to leave the premises.
The notice time frame must be the same as the number of days between rent payments e. After proper notice is given to the lodger, the lodger must take all of their personal possessions and leave the premises. A tenant may receive damages for an illegal eviction by the landlord e. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.
This means that if the tenant has a year-long tenancy that expires at the end of December and the tenant has not requested a lease renewal, the landlord will not need to give the tenant notice to move out by the end of December, unless the terms of the lease specifically require it.
A tenant may decide to fight the eviction, which would increase the amount of time the eviction lawsuit takes. The tenant could have several potential defenses. A common defense is procedural mistakes the landlord made during the eviction, such as improperly serving a notice or not waiting long enough before filing the eviction lawsuit.
Another defense the tenant could use is that the landlord failed to maintain the rental unit, or that the landlord discriminated against the tenant in some way. For more information on tenant defenses, see Tenant Defenses to Evictions in California. The only way a landlord can legally evict a tenant in California is by going through the courts and winning an eviction lawsuit, or unlawful detainer suit.
Even after winning the eviction lawsuit, the landlord must use a sheriff to actually perform the eviction.
California law has made it illegal for the landlord to personally remove the tenant from the rental unit. See Illegal Eviction Procedures in California for more information on this topic. If the tenant has moved out of the rental unit and left behind personal property or belongings, the landlord must first try to notify the tenant of the abandoned property and give the tenant at least 15 days to reclaim it 18 days if the notice was mailed to the tenant.
The landlord can charge the tenant for the cost of storage of the property. If the tenant does not claim the property, the landlord can dispose of it at the end of the notice period see Cal.
Landlords must carefully follow all the rules and procedures required by California law when evicting a tenant. Otherwise, the eviction may not be valid. Although these rules and procedures can seem burdensome to the landlord, the rules are there for a reason. Evictions often occur very quickly, with the end result that the tenant has lost his or her home. The rules help ensure the eviction is justified and that the tenant has enough time to find a new place to live. The California Landlord's Law Book: Evictions provides step-by-step advice and the necessary forms, for evicting a tenant in California.
Tenants who are interested in fighting an eviction should see California Tenants' Rights for the relevant forms and procedures. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. An overview of California eviction rules, forms, and procedures.
Notice for Termination With Cause A landlord can terminate a California tenancy early and evict the tenant for a variety of reasons, including failure to pay rent, violating the lease or rental agreement, or committing an illegal act. Three-Day Notice to Pay Rent : If the tenant does not pay rent when it is due, the landlord can give the tenant a three-day notice to pay rent or quit.
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