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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 one make sure that you have legal grounds to evict the tenant if they fail to pay rent damages property and brings down its value violate the terms of the rental contract and will not fix any problems stay after the lease is up use the property for an unlawful purpose uses manufacturers cells or possesses illegal drugs on the property or causes a significant nuisance to other neighbors and tenants even after being asked to stop you have legal bounds to evict them to serve 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 do many tenants and 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 for file all legal documents with the court you'll need to file these three documents unlawful detainer complaint civil case cover sheet prejudgment right of possession form five serve the tenant with the proper legal documents as before the complaint and summons you serve the summons file a proof of service with the court do not continue to serve the tenant with notices as this action will end the original case and open a new one which will extend the waiting period and prolong the case six wait for the tenant to respond to the lawsuit the tenant has five business days to file a response to the court to challenge the lawsuit if the tenant fails to respond after five business days you can ask for a default judgment by filing another form with the court seven go through the court process you or the tenant may ask for a trial date which is usually sent within ten to twenty days after the request when a case gets ruled in favor of a landlord the tenant is found both liable and guilty the conviction will stay on the tenants record for up to 10 years and could arise during background checks when applying to rent another residence Music.

FAQ

Can a landlord charge you prorated rent if he/she gives you a 60 day notice to vacate because he wants to sell the property and you move out prior to 60 days because another unit was available?

Not to be boring but here is my same answer - again - CHECK YOUR WRITTEN LEASE. The Landlord may do whatever you agreed to when you signed the Lease. In a good Lease, the details for Early Termination by Landlord are spelled out completely so everyone knows what their responsibilities are before signing a binding Legal Document. From Georgia Association of REALTORs Lease:The Landlord, in this Lease model, demonstrates courtesy to Tenant by compensating the Tenant for the disruption when asking the Tenant to leave early. Not all Leases are the same.The details of your Lease may be different if the Landlord expects you to pay for each day your are using the property. Hope it works out for you. LynnPS If you ever sign a Lease or a Purchase document with us, you will be asked to initial EVERY PAGE, not just sign at the end. If you are going to enter into a LEGAL and BINDING AGREEMENT with us, your initials on each page “prove” that you read every page as requested to do before signing.Do all our Tenants or Buyers actually read everything? I don’t know but by initialing each page, the Tenants or Buyers are verifying that they have read each page. L.

I was given a 60 days notice to vacate, if I move earlier, do I still have to notify my landlord?

I am not a lawyer. Don’t rely on this as legal advice. It will vary with your jurisdiction and what your rental agreement states. A 30 day notice is very common. If you plan to move before the 60 days are complete, you could probably give a 30 day notice. You are responsible for the condition of the apartment until such time as you no longer have possession. So for your own protection, you should formally return possession to the owner as soon as you move out. If your lease allows you to give a 30 day notice, and if you immediately give a 30 day notice as soon as you receive the 60 day notice, then likely you are only responsible for rent for 30 days. However, if you move but don’t surrender possession, you will be liable for the entire 60 days. Again, it is in your best interests to formally return possession to the owner as soon as you move out, and to give the owner as much notice as possible of when you intend to move if it is before the 60 days expires.

What recourse do I have? My landlord gave me 60 day notice due to my age/disability (voicemail). I am on month-to-month agreement in California.

You’re in a difficult situation.You can’t be discriminated against due to your age or (in most cases) a disability. On the other hand, if you’re on a month-to-month agreement, your lease can be terminated with 30 days• written notice.No, you haven’t received written notice yet. But that could come at any point. The really tricky issue is: If you have a case of discrimination, how does that balance out against the month-to-month agreement? Example: If the landlord had simply notified you that he/she was terminating your lease in 60 days, pursuant to his right to do so, that’d be the end of the story.But if there’s discrimination involved, that could complicate matters. At least it would let you throw a crowbar into the wheels of the process. And that leads us to: What evidence do you have that the termination of your lease is due to your age or disability? Or is it just your suspicion?I suspect your city or county has some sort of tenant advisory/representation program. Check with them. If not—due to your age and disability—again check with your city or county and the office that’s established to prevent discrimination.I don’t think your odds are particularly good (the month-to-month arrangement is awfully powerful), but many areas of California are very tenant-friendly. So that’s what I’d suggest.

When given a 60-day notice to vacate the premises. Does that mean you have to be out before 60 days are up?

In most, if not all, states, a landlord must file an action in the locality’s Landlord-Tenant court if the tenant is still in the apartment. There are grounds in some cases, depending upon the state’s laws, to terminate a tenancy upon prior notice. But there are also potential defenses a tenant may use. You must determine the following, under your state’s laws, and in some cases, under federal laws and regulations (especially HUD, if applicable):(1) Is the landlord even legally permitted to terminate your tenancy upon 60-day notice? While your lease may include such a provision, you must be familiar with and understand what your state’s laws say about a landlord terminating a tenancy.(2) When does the statutory notice period begin and when does it end?(3) Does the law require any additional notices or procedures prior to a lease being terminated? For instance, is there a specific manner of service required by the state’s laws? (e.g. regular and certified mailing, hand delivery?). In many states, a defective notice is a ground to have the eviction action dismissed.(4) Does federal law apply? In many federally-subsidized apartments, including those where a tenant is residing in private housing but obtains, either directly, as through a voucher (e.g. Section 8 voucher), or by means of a subsidy paid to the owner that applies only to the building, there are specific notice requirements that may be stricter than the state’s own notice requirements.(5) Does the state require an eviction ‘for cause’? Determine whether the law in your state enumerates specific grounds to evict, to the exclusion of any evictions that are not for cause.Even if the landlord followed proper notice procedures and the contours of your state’s law, the landlord will still have to file an action in court if you remain in possession, and may not, in all likelihood, lock you out, change the locks, throw out or remove your belongings, or compel you to move out, by threats or physical actions. The landlord ultimately must file an action in court if you remain in possession. You should apprise yourself of your state’s laws regarding eviction actions and consider consulting with an attorney.

Is it against the law in California if a landlord hides the fact that a place is only available for 60 days when signing a month-to-month lease and then gives the new tenant a 30-day notice to vacate after he has moved in for only 30 days?

An obvious risk to both landlord and tenant is that either can terminate at any time, on 30 days notice and there is nothing illegal or actionable by either landlord or tenant not disclosing an intention to end it soon than the other may anticipate.Now, if by hide you mean that the landlord affirmatively mislead the tenant with words that the apartment would be available for a longer term when they knew that not to be true, that may be found to be misrepresentation and subject the landlord to damages.If a tenant wants to be assured of a a certain duration then they must negotiate for that and sign a lease for a minimum term.I don’t like what the landlord did, and would note that tenants may do the same thing. The landlord may select a tenant over other applicants not know that the tenant plans it to be a short term rental. I don’t like that either. I’d prefer people disclose what they know will likely be important to the other party.

Can a landlord in NYC keep my security deposit for failure to pr60 days notice to vacate - as stated in the fixed term lease?

No. A landlord in NY can only retain a security deposit for unpaid rent or actual physical damage to the leased premises, regardless of what the lease may say to the contrary.Providing notice to vacate is only applicable in a month-to-month tenancy, and only 30 days• notice is required. Otherwise, the expiration date of the lease constitutes notice to the landlord that the tenant will be vacating on or before that date.

My landlord gave a 60-day notice. It's now over 60 days. How long does the landlord have to file an unlawful possession? Would they have to serve a second 60-day notice?

It should take the time necessary for his attorney to prepare the court summons and have the process server give it to you. On the off-chance that you gave him the rent but he still wants you out, there may be a time limit of 30 days to begin the legal process before it converts into a new month-to-month rental agreement. Assuming you haven’t paid rent for the new month, he is driven by the fact that every day he is losing money, and is not going to delay. But there probably isn’t any particular time limit, except maybe after a few years when you might start to acquire squatters rights.

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