To evict a tenant in California, you will have to file a lawsuit. You should expect the entire process to take about one month. The landlord is the plaintiff, and the tenant is the defendant. The state of California also gives priority to eviction lawsuits over all other legal matters, aside from criminal cases. If you're a landlord, here is how to evict a tenant: 1. Make sure that you have legal grounds to evict the tenant. If they fail to pay rent, damage property and bring down its value, violate the terms of the rental contract, and refuse to fix any problems, stay after the lease is up, use the property for an unlawful purpose, use, manufacture, sell, or possess illegal drugs on the property, or cause a significant nuisance to other neighbors and tenants even after being asked to stop, you have legal grounds to evict them. 2. Serve the tenant with an appropriate notice. If you are evicting the tenant because of failure to pay rent, you must serve the tenant with a three-day notice of the rent. 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. 3. Wait for the notice to expire. A notice based on failure to pay rent requires that the landlord give the tenant three days to correct the problem and pay rent. A 30-day notice on a month-to-month or expired lease requires you to wait 30 days before you proceed with filing a lawsuit. 4. File all legal documents with the court. You'll need to file these three documents: unlawful detainer complaint, civil case cover sheet, and prejudgment right of possession form. 5. Serve the tenant with the proper legal documents as before the complaint...
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California 60 day notice to vacate from landlord PDF Form: What You Should Know
A tenant receiving a notice to vacate in connection with the non-payment of rent may vacate or leave (ENTER THE JUST CAUSE REASON AS SPECIFIED IN SECTION 1946.2(b) OF THE CIVIL CODE) if the landlord notifies him in writing and, among other things, the tenant is given a written statement in form, (ENTER THE PREVIOUS RENTAL AGREEMENT, OR THE RENTAL AGREEMENT IF ANIMAL) by which the tenant consents to the termination of the tenancy without a valid reason. Citation: 15.4.8 If the landlord's notice to vacate is valid (i.e. the terms and condition of the lease were or are not dubious), the notice that is sent must be sent to the last known address of the tenant or, if the tenant has no address, to the last known address of a person reasonably believed on reasonable belief to be the tenant's. Any notice to vacate other than one based on nonpayment of rent shall be sent to the last known address of the tenant or, if the tenant has no address, to the last known address of a person reasonably believed on reasonable belief to be the tenant's. Citation: Sections 11 and 11.1. The notice to terminate must specify the legal term (or terms) and legal reason for termination. It is not necessary to provide a specific reason for termination. 1.
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