Eviction is a legal process by which a landlord removes a tenant from rented property. In California, the laws governing eviction are found in the Civil Code and the Code of Civil Procedure. There are several reasons why a landlord might want to evict a tenant, but most often it is because the tenant has failed to pay rent or has violated some other term of the lease agreement. Landlords do not need an attorney to evict someone, but it is always advisable to seek legal counsel if there is any doubt about the legality of an eviction. Here’s a closer look at what you need to know.

What is Eviction?

Eviction is the process of removing a tenant from rented property. In order to evict a tenant, the landlord must first give the tenant notice, which may be either a 3-Day Notice to Quit or a 30-Day Notice to Quit. If the tenant does not comply with the notice, the landlord can then file an unlawful detainer action with the court.

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What Laws Govern Eviction in California?

The laws governing eviction in California are found in the Civil Code and the Code of Civil Procedure. These laws specify the required notices and procedures that must be followed in order for an eviction to be legal.

Why Would You Want to Evict a Tenant From Your Property?

There are several reasons why a landlord might want to evict a tenant, but the most common reason is because the tenant has failed to pay rent. Other grounds for eviction include:

  • The tenant has violated some other term of the lease agreement
  • The tenant is causing damage to the property
  • The tenant is engaging in illegal activity on the property
  • The property is being sold and the new owner does not want to continue renting to the tenant

Do You Need an Attorney to Evict Someone?

Landlords do not need an attorney to evict someone, but it is always advisable to seek legal counsel if there is any doubt about the legality of an eviction. An experienced attorney can help ensure that all of the necessary notices and procedures are followed, and can represent the landlord in court if the eviction goes to trial.

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How Often Do Landlords Need to Evict People?

The answer to this question depends on a number of factors, including the type of property being rented, the location of the property, and the policies of the landlord. In general, however, evictions are relatively rare. Most landlords will only need to evict a tenant once every few years, if at all.

What Are the Consequences of an Illegal Eviction?

If a landlord illegally evicts a tenant, the tenant may be able to sue the landlord for damages. The tenant may also be able to get an injunction ordering the landlord to stop the eviction and allow the tenant to remain in possession of the property.

Related: Can you keep a tenant’s security deposit?

An eviction that is not carried out in accordance with the law can also have serious consequences for the landlord. The landlord may be liable for the tenant’s moving expenses, as well as any rent the tenant might have paid if the eviction had been legal. The landlord may also be subject to criminal penalties, such as a fine or imprisonment.

When Should I Contact an Attorney?

If you are a landlord and you are considering evicting a tenant, you should contact an experienced attorney to discuss your options and ensure that you are following all of the necessary procedures. An attorney can also represent you in court if the eviction goes to trial.

Related: What rights do landlords have when tenants damage a property in California?

Should You Let the Prospect of Eviction Prevent You From Buying an Investment Property?

Don’t let the prospect of eviction prevent you from buying an investment property. In fact, the odds that you’ll ever have to evict a tenant are slim – statistically speaking, few landlords ever end up in this position.

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