Delaying a California Eviction
California tenants have legal recourse if a landlord wants them out. Here’s how to delay an eviction in California.
Receiving an Eviction Notice
California law requires that a landlord legally terminate the tenancy. In order to do so a tenant must receive an eviction notice in writing from the landlord. The severity of the lease violation will determine if a tenant is eligible to file a stay (delay in eviction). If the tenant fails to correct their lease violations a landlord can respond with an eviction lawsuit.
Causes of an Eviction
In California a landlord is able to evict a tenant for the following reasons:
- Fails to pay the rent on time;
- Breaks the lease or rental agreement and will not fix the problem (like keeping your cat when pets are not allowed);
- Damages the property bringing down the value (commits “waste”);
- Becomes a serious nuisance by disturbing other tenants and neighbors even after being asked to stop; or
- Uses the property to do something illegal.
Tenants can also be evicted:
- For staying after the lease is up
- If the landlord cancelled the rental agreement with\ proper notice.
A rent control tenant may be subject to different conditions. It is important to note that a landlord may not take action against a tenant for any illegal reason, including discrimination
Termination of Tenancy with Cause
Failure to pay rent notice
If the tenant fails to pay rent when due, the landlord can give the tenant three days to pay rent in full or quit their tenancy. This gives the tenant three days to pay the rent in full. Failure to pay rent at the end of the three day period allows the landlord to file an eviction lawsuit with the court.
Violation of lease notice
Violation of the lease or rental agreement allows the landlord to provide the tenant with a notice to cure. Failure to correct the violation (ex: remove a pet from premises after warning) means the landlord can file an eviction lawsuit.
Unconditional Quit Notice
If the tenant has committed a severe violation of the lease agreement, such as involvement in illegal activity on the rental unit. Therefore, the landlord can give a three-day unconditional quit notice. If the tenant fails to comply the landlord can file an eviction lawsuit.
Termination of Tenancy without Cause
Month to Month Tenant
A tenant residing in a property for under one year with a month to month rental agreement can only be evicted if they have received a 30-day end-tenancy notice. A tenant residing in a property for over a year with a month to month rental agreement can only be evicted if they have received a 60-day end-tenancy notice.
Fixed-term tenant
For tenants that have longer than month-to-month terms, landlords cannot end a tenancy without cause until the end of the term.
Related: How to Delay an Eviction During COVID-19 in California
What Tenants Need to Know about Delaying an Eviction in California
Once a tenant receives an eviction notice they are able to file a motion to stay (delay an eviction). The tenant should file a stay right after they receive the eviction notice. Without a stay, the tenant is required to leave the property within five days of the eviction notice. If a tenant is granted the stay, the tenant is required to pay rent for the period of their extended stay (determined by the judge).
Delaying an Eviction without a Motion to Stay
The tenant should speak with their landlord immediately after receiving an eviction notice. The tenant’s landlord may be willing to cease the eviction if they agree to certain terms and conditions. If both parties are unable to come to an agreement, attempt to come to an agreement on an extended date of eviction. If anything is agreed upon, the tenant should get the agreement in writing and signed by both parties.
Eviction Trial in Court
The tenant should attend the court on the date of the trial and provide the court with a response document to the landlord’s complaint. A document can allow a tenant to refute or deny any claims made by the landlord. Furthermore, if the tenant has any minor children or health issues the judge may delay the eviction date.
FAQS
Can I be evicted for complaining about my unit quality/safety?
The simple answer is no. A landlord cannot evict a tenant due to petty disputes, complaints about maintenance issues, or legal disputes not related to a tenant’s rental agreement.
Can I be evicted due to race or religion?
It is illegal for a landlord to discriminate against people of any race, religion, ethnicity, etc. For example, if a landlord does not want an individual who does not celebrate Christmas on their property, they are not allowed to evict on such grounds.
What happens if I am evicted?
Depending on the judge’s ruling, the tenant will be provided a certain period of time to vacate the premises. Payment of rent or any property damages may still be due.
What happens to my property if I am evicted?
Anything the tenant leaves behind can be kept, sold, or thrown away by the landlord. The tenant’s landlord has the ability to do this the day after the tenant leaves the property or when the remaining time on the property expires. If the tenant is evicted by the sheriff, the tenant has 72 hours to obtain their belongings in the range of 8:00 A.M to 8:00 P.M.
Do I need a lawyer if I am being evicted?
No, a tenant does not need a lawyer. Most eviction proceedings are dealt with in small claims courts. For more complex evictions, a real estate lawyer may be required.
Contact Us
If you or a loved one want to delay an eviction, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Get your free consultation with one of our California Eviction Attorneys today!