Being a tenant, no one wants to receive an eviction from the landlord. Receiving an eviction notice can cause major stress on the family. However, your landlord cannot evict you without terminating the tenancy first. Landlord/tenant law requires the landlord gives you a legal written eviction notice.
If you do not pay your rent or move within the 3-day notice to pay rent or quit, then the landlord can file a lawsuit to evict you.
What is Meant By Eviction?
Eviction is the removal of a tenant from the rental property by the landlord. Sometimes depending on the jurisdiction involved, before a tenant can be evicted, a landlord must win an eviction lawsuit in the legal process. In some jurisdictions, it may also involve the removal of persons from the premises because of foreclosure eviction.
What is Meant By Foreclosure Eviction?
Foreclosure is a legal process in which a lender attempts to recover the balance of the loan from a borrower who has stopped making payments. Formally, a mortgage lender, or other lien-holder, obtains a termination of a mortgage borrower’s equitable right from redemption, either by court order or by operation of law.
When Does a Tenant Receive an Eviction?
In California, a landlord may be able to evict a tenant if the tenant:
- Fails to pay rent on time.
- Tenant breaks the lease or rental agreement by not trying to fix the problem.
- Damages the property which brings down the valuation of property.
- By doing serious nuisance, which disturbs other tenants.
- Uses the property to do illegal or unlawful activity.
What Is The Writ Of Eviction?
In an eviction, the request has been heard by the court and a judge has determined it as a valid request, an order will be handed down for the tenant in question to leave the premises immediately. The sheriff will serve the tenant with a 5-day notice of a lock-out.
As a landlord, to evict a tenant from the property, the landlord can use different methods as warning signs.
For example, if you are a property owner in California, giving the eviction notice is the first step in attempting to remove a tenant from the property. According to the California law, the landlord must give a proper notice before the eviction process begins. The landlord must first use California eviction notices if he wants to begin the eviction process to remove a tenant.
Thus, if the tenant wants to stay in the same rental property, he should be ready to respond to the eviction proceedings. Having knowledge of the eviction process tenants cannot become easily fooled by others. They should keep in mind that the eviction is a multi-step process which often involves time in Civil court.
Tenant Foreclosure Eviction: What Are Your Rights?
If your landlord tries to evict you without any notices, it is illegal. Your landlord must get a court order before he evicts you.
Sometimes landlords try to illegally threaten you by damaging your property or shutting off your utilities, and if such things happen, it means that they have broken the law. If you take them to the court and ask for immediate help the court will stop the landlord. Sometimes the court orders the landlord to pay you for your losses.
The most important thing that renters should always remember is that they must have written documents of the rental property agreement, whether it as a will or written lease agreements.
Sometimes the eviction process can be frustrating for both the landlord and the tenant. To make a tough situation a little smoother, it is important that both follow all the legal procedural steps.