Davis Eviction Lawyers Representing Northern California
- Pakpour Banks is based in Davis, CA, and is proudly serving Davis, Woodland, Sacramento, West Sacramento, Vacaville, Dixon, Fairfield, Roseville, Elk Grove, and surrounding areas.
- Our team has been successfully representing cases in Yolo County, Sacramento County, Solano County, Placer County, Colusa County, El Dorado County, and Yuba County.
Landlords in California must satisfy a number of statutory requirements before they may evict their tenants. However, once the landlord has satisfied these requirements, the courts often move very quickly in hearing and ruling on the landlord’s request.
Basics of Tenant Eviction
There are many reasons why a landlord might be able to evict a tenant. Generally, a landlord can evict a tenant for violating some lease term or failing to pay rent. However, they must give proper notice and, in some cases, time to cure the issue.
Under California law, a landlord must give tenants three days to pay, remedy their violations, or move out. Examples of some tenant violations include property damage, exceeding the number of residents allowed, or violating parking rules. Tenants must have an opportunity to cure less serious violations. A landlord may also serve an eviction notice to force a tenant to vacate without giving time to cure their violations if they commit serious repeat violations. This includes causing irreparable damage or partaking in illegal activities.
If a tenant has not violated their lease, the landlord might still be able to evict. Again, they must follow the notice requirements. For month-to-month lease agreements, landlords must serve a termination notice to the tenant with 30 or 60 days advance notice of the requirement to vacate.
If the tenant does not vacate the premises by the deadline, a landlord may file an eviction claim, also known as an unlawful detainer. The landlord must keep proof that they properly served notice upon the tenant. They must show that they waited the appropriate amount of time before filing the complaint. If the tenant responds within the time limit, either party can ask for a trial to decide the issue. If they do not respond, the landlord can ask the judge to decide without the tenant present. If the judge decides in favor of the landlord, they can request to have the sheriff post a Notice to Vacate declaring when the tenant must move out. In some cases, the landlord might be able to get a judgment against the tenant for compensation if there was back rent due.
In some cases, it might appear that a tenant has abandoned the property. If the rent is at least two weeks overdue and it appears that the tenant vacated the premises, the landlord can send the tenant a Notice of Belief of Abandonment. The notice tells the tenant what day the landlord will end the lease. If the tenant does not answer within the prescribed amount of time, the landlord can move the tenant’s belongings and rent the place to another tenant.
It is very important that landlords follow eviction laws to the letter. This means paying close attention to the time for deadlines and being certain that they have just cause to evict a tenant. If a landlord fails to abide by California law, they could be opening themselves up to being sued by the tenant for wrongful eviction.
Contact the Davis Eviction Attorneys at Pakpour Banks LLP
We are Davis eviction lawyers. At Pakpour Banks LLP, we can help landlords with all aspects of residential eviction. We tailor our services to suit your individual needs, with options that include the following:
- Draft and file the eviction request (termed an unlawful detainer action) and all other required documents with the court
- Provide notice to the tenant
- Draft the following eviction related documents:
- Notices to enter a dwelling
- Three-day notice to pay rent or quit
- Three-day notice to perform covenants or quit
- Three-day notice to quit for nuisance, unauthorized subletting or criminal conduct
- 30- and 60-day notices to vacate
- 30-, 60- and 90-day notices to vacate for cause under federal law
- Represent your interests in court
- Ensure all post-hearing tasks are completed and your property is returned to your control as quickly as possible
If you are a landlord who needs to evict a tenant, or if you have any other eviction related questions, contact us today.