How to Evict a Tenant in California – Fast and Legally
Evicting a tenant under California law is a multi-step and time-consuming process. As a landlord, the only way to evict a tenant who violated their lease agreements is by winning an eviction lawsuit in court. Landlords must know the eviction process works so they can remove unwanted tenants quickly to cut losses.
The eviction lawsuit is often referred to as the unlawful detainer action in California and the entire process usually takes about one month. The tenant is the "defendant", and the landlord is the "plaintiff,". The state of California gives priority to eviction lawsuits over other legal matters, except criminal cases.
This guide will outline all the steps necessary to evict a tenant.
1. Legal grounds to remove the tenant
Before a landlord can proceed with evicting a
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If you use unlawful methods to remove tenants, you can be penalized and they can sue you for damages. You must go through the court process. It is also illegal to file an eviction lawsuit in retaliation to the tenant for exercising a right.
2. Serve tenant with a legal notice
Prior to serving a tenant with a legal notice, it is advisable to contact the tenant and try to resolve the situation. Some landlords opt to start the process with hiring a mediator or solving the problem through negotiation for a more peaceful situation. You can go through the court process If these methods don't work.
Many tenants in eviction cases will claim that the notices weren't served properly, so take great care to handle the process correctly and include all necessary information on the notice. A renter may also use an eviction notice to raise awareness about the landlord's wrongdoing. If a landlord breaks the law, this action could cause the case to swing in favor of the
In Evicted two living styles are described, both in Milwaukee. One group of people are living in a run-down trailer park (Desmond 317-3179). The other group, living in run-down urban apartments or houses. While the two living styles are in vastly different areas, similarities that are present all connect
In the Pulitzer prize-winning novel Evicted, sociologist Matthew Desmond follows eight families as he exposes how the lack of affordable housing perpetuates a state of poverty. He even goes so far as to assert that it is eviction that is a cause of poverty, not the other way around (Desmond 229). While this latter argument is as engrossing and it is striking, analyzing it with justice is simply not possible within the scope of this paper. Nevertheless, it is these two factors—inescapable poverty and eviction—that engender an unrelenting condition of financial, emotional, and communal instability, effectively hindering any chance of upward mobility.
The San Fernando Valley is an urbanized basin situated in the County of Los Angeles, California, bordered by mountains its home to about 1.69 million people. Yet, amidst its cool mountain breeze residents of the Valley have learned to recognize its environmental hazards. Experiencing great impacts from its larger more celebrated neighboring cities undergoing urban gentrification. As a consequence, it has led a number of people to make their way to the San Fernando Valley. Unfortunately, many of them are homeless fleeing the unsafe streets of skid row and making their home in different areas of the valley. Camping out in semi-rural washes many park their RVs behind major commercial buildings while the more unfortunate construct tents under the protection of freeway bridges. In the San Fernando Valley, the homeless blend into the
Homelessness in the United States has been an important subject that the government needs to turn its attention to. There has been announced in the news that the number of the homeless people in many major cities in the United States has been increasing enormously. According to United States Interagency Council on Homelessness reported that there was an estimation of 83,170 individuals have experienced chronic homelessness on the streets of the United States’ streets and shelters on only a single night of January 2015, which is a small decrease of only 1% from the previous year (People Experiencing Chronic Homelessness, n.d.). The United States must consider this subject that most of the people underestimate it and not pay attention
According to the McKinney Act (1994), this definition usually includes those people who face imminent eviction form their current form of shelter.
The Bank. Who is a bank? Is it a person? A physical thing? Couldn't it see that it was causing such suffering and despair? Although the heads of the bank could sympathize with the plight of the tenants, they felt that for some reason, the eviction could not be stopped.
Consumers begin to adjust to the idea of moving. Rent control provides security and the right to affordable housing. Tenants are able to occupy the space without the stress of rent increases. Rent control eliminates the control the landlord has over the tenants. However, because rent increases are allowed between vacancies, tenants may experience pressure from landlords to move out (Cruz, P. 2009). Under rent control the tenants are satisfied with the price they are paying and have affordable housing and would choose not to move because they do not want to lose their subsidy, this result in a loss in mobility. A loss in mobility would lead to social and geological problems. (Blackwell, L. n.d).
The American dream was owning a house with a white picket fence. Now this dream is impossible. Individuals and families find it more difficult to find a decent home to rent in a suitable living area. According to Huffington Post, the hourly wage needed to afford a two bedroom apartment in California is at least $26 an hour. This is more than triple the minimum wage. Eviction, relocation, and inflation are the common keywords that associate with affordable housing. I 'm hoping to persuade you to support affordable housing for all. Today, I will be discussing, one, inflation of the housing market that needs to decrease, two, eviction from homes, three having to move to communities far from their work site.
In my experience as a real estate sales representative, I have looked at many rental properties that are owned by people that are commonly known as slum lords. These units are in disrepair with leaks, mold, mildew, holes in walls, ceiling and poor floor coverings. Many people are afraid of pushing these issues to have repairs done as they might lose their shelter or their rent could be increased. There are people living in a rooms in a house, that are also at risk as they don’t realize they are not protected under the tenant act so the owners can remove them from their shelter without notice. I have also experienced people living in abandoned commercial buildings ...
This means that half of the Bay Area already has and if not will experience displacement. This displacement can leave many homeless, and without any options for other affordable housing. Some might think that gentrification is not that big of an issue in the community.
The case presented is that of Sam Stevens who resides in an apartment. He has been working on an alarm system that makes barking sounds to scare off intruders, and has made a verbal agreement with a chain store to ship them 1,000 units. He had verbally told his landlord, Quinn, about his new invention and Quinn wished him luck. However, he recently received an eviction notice for the violation of his lease due to the fact that his new invention was too loud and interrupting the covenant of quiet of enjoyment of the neighbors and for conducting business from his apartment unit.
Homelessness is a subject that has inspired many to write poems, speeches, and even songs. However, there is more depth to homelessness than just a source for inspiration; this is an ongoing problem for many all over the world. The 40th president to the United States, Ronald Reagan, once said that "what we have found in this country, and maybe we're more aware of it now, is one problem that we've had, even in the best of times, and that is the people who are sleeping on the grates, the homeless, you might say, by choice."(Reagan). The president's expression is very powerful even today, implying that even in the best of times homelessness is one of the top issues in society. Notice how President Regan cleverly used the wording "by choice" at the end of the sentence, what did he mean to convey by this? Was he implying that those who are homeless are so by choice? Or that many individuals perceived homelessness to be a choice? Perhaps it was a way to raise awareness of the impending problems that can lead an individual to homelessness. According to the National Alliance to End Homelessness and the National Coalition for the Homeless, there are three triggering factors that lead to homelessness, lack of affordable housing, unemployment, and health care ("Why Are People Homeless?"). Therefore, when exploring into more depth the determining reasons, considering the key roles that a home, money, and employment play in an individual’s life will facilitate a better understanding of the downward spiral towards homelessness.
The housing in Los Angeles is not enough for the population and the current policies have not focussed of the solution to these problems (Varady et al., 2005). Providing temporally housing and short-term jobs to the chronically homeless people does not reduce the number of homeless people in the city but only covers the problem for a while. Acting to the urgent of those without shelter for long is important but solving the root to the problem is what needs to be done. The government of the United States pays private landlords rent for the sake of the enlisted Section 8 beneficiaries but most of the house owners are not in full support of this move. Most of them prefer to rent their houses at the market rate. There are other more homeless people who have not benefited from this policy because they do not qualify yet they still have shelter. The trend in the rent is a cause for alarm and the number of homeless people will increase as soon as more are unable to afford rent and face evictions. The government continues to subsidise rent through Section 8 policy but the society should take up the challenge of contributing towards reducing homelessness. Inadequate employment has forced the poor people out of houses and the society is expected to do their social duty in respect to the homeless in the
It is a sad site to see people of my peers down on their luck while out and about. They have become society’s outcasts and rejects. These individuals that I’m referring to are known are homeless folk. They were once productive members of a working society, and are now shunned by what most of us view as a Darwin economy. This subject is somewhat meaningful to because, of the fact that I once was homeless. I strongly believe that the causes for homelessness are the lack of transportation to and from work, low paying jobs for advancing citizens, loss of jobs, high housing and rental costs, substance abuse, and as a lifestyle.
This is the behavior that he had to accept, as he has nowhere to go as he had lost his housing prior to be admitted and he doesn’t think anyone will give him a lease with the housing history that he currently has. “Sleeping rough”, however, could be harmful to his health and also might influence who stay in the public