Can I Evict a Tenant for Unpaid Rent in California?

Question from Zezveli, Can I Evict a Tenant for Unpaid Rent in California?

Answer from AI:

As a landlord in California, including Burbank, you have the right to evict a tenant for not paying rent. However, there are specific legal procedures you must follow to do so lawfully. Eviction laws in California are designed to protect both landlords and tenants, ensuring that the process is fair and just.

Understanding the Eviction Process

To evict a tenant for unpaid rent, you must follow these general steps:

1. Serve a Notice to Pay Rent or Quit: You must provide your tenant with a written notice, typically a “3-Day Notice to Pay Rent or Quit.” This notice gives the tenant three days to pay the overdue rent or vacate the property.
2. File an Unlawful Detainer Lawsuit: If the tenant does not pay the rent or leave the property within the notice period, you can file an unlawful detainer lawsuit in the local court. This is the formal eviction process.
3. Attend a Court Hearing: Both you and the tenant will have the opportunity to present your case in court. If the court rules in your favor, you will receive a judgment for possession of the property.
4. Obtain a Writ of Possession: After winning the case, you must obtain a writ of possession from the court, which authorizes the sheriff to remove the tenant from the property if they do not leave voluntarily.

Legal Considerations and Protections

– Tenant Protections: California has strong tenant protection laws. For example, during certain emergencies, such as the COVID-19 pandemic, there have been temporary restrictions on evictions. Always check for any current state or local eviction moratoriums or tenant protections.
– Just Cause Eviction Laws: Under California’s Tenant Protection Act of 2019, landlords must have a “just cause” to evict tenants who have lived in the property for more than 12 months. Non-payment of rent is considered a just cause.
– Security Deposit: You cannot use the tenant’s security deposit to cover unpaid rent during the eviction process, but you may deduct unpaid rent from the deposit after the tenant vacates.

When to Seek Legal Advice

Eviction laws can be complex, and mistakes in the process can lead to delays or legal issues. It is advisable to consult with a legal professional, especially if:

– You are unfamiliar with the eviction process.
– The tenant disputes the eviction or claims a legal defense.
– There are additional complications, such as a tenant filing for bankruptcy.

Resources and Further Reading

For more detailed information, you can refer to the following resources:

– [California Courts Self-Help Guide on Evictions](https://www.courts.ca.gov/selfhelp-eviction.htm)
– [California Department of Consumer Affairs – Landlord/Tenant Booklet](https://www.dca.ca.gov/publications/landlordbook/index.shtml)

These resources provide comprehensive guidance on the eviction process and tenant rights in California. Always ensure you are following the most current laws and regulations, as they can change.