As a renter or previous homeowner, you are entitled to certain protections that your landlord must adhere to, especially if you are facing an eviction. Your landlord may try to bully or scare you into leaving your home by threatening you with an eviction when he may not be in a legal position to do so.

With so many homeless people, do not become a victim of illegal evictions practices in the city. If you believe your landlord is violating your rights, or you want more information about the eviction process, the landlord must do the following-

#1Serve you with a 3-day notice-If you are behind in your rent, the landlord must serve you with a legal 3-day notice to give you the opportunity to pay your rent first before legally moving forward with an eviction.

The 3-day notice MUST legally contain the following information

  • Be in writing;
  • Say the full name of the tenant or tenants;
  • Say the address of the rental property;
  • Say exactly how much rent the tenant owes* (the notice cannot go back more than 1 year, even if the tenant owes back rent for a longer time, and cannot include any amount other than back rent);
  • Have the dates the overdue rent is for;
  • Say that this rent must be paid in full within 3 days of receiving this notice or the tenant must move out (do not count Saturdays, Sundays, or court holidays as part of the 3 days);
  • Say the days and times the tenant can pay the rent he or she owes, and the address he or she can pay it at; and
  • If the tenant can pay the back rent by mail, give the address the tenant should send the money to.
  • * The notice must NOT include other money the tenant owes, like late fees, interest, utilities, or damages.

Helpful Tips Regarding a 3-day Late Notice

  • The landlord cannot require the tenant to pay late rent in cash.
  • The notice must state that the tenant must either correct the late rent or leave the rental unit.
  • If the rent is corrected within the given 3 days, the tenancy continues as normal.
  • If the tenant offers to pay after the 3 days expire, the landlord has the option to accept or proceed with an eviction. If the landlord accepts after expiration, they give up their right to evict the tenant.

#2-If the terms of the lease were broken by illegal use of the property, a landlord must provide the renter with a 3-day notice to perform covenant or quit.

3-Day Notice to Perform Covenants or Quit

Landlords can use this kind of notice if the tenant is violating terms of the lease or rental agreement and the problem can be fixed. For example, if the tenant has moved in a pet without permission, or is not keeping the unit clean, or is violating some other term of the agreement, the notice must ask the tenant to correct the violation within 3 days or move out (do not count Saturdays, Sundays, or court holidays as part of the 3 days).
The notice must:

This kind of notice is used if there have been ongoing problems with the tenant who:

  • Causes or allows a “nuisance” on the property;
  • Uses the property to do something illegal (like sell drugs);
  • Threatens the health and safety of other tenants or the general public;
  • Commits waste (damage) that lowers the value of the property significantly; or
  • Moves in other tenants (subtenants) without the landlord’s permission.

The notice must:

  • Be in writing;
  • Say the full name of the tenant or tenants;
  • Have the address of the rental property;
  • Say everything that the tenant did to break the lease or deserve a 3-day notice to leave, and include details and dates; and

Say clearly that the tenant has to move out as soon as the 3 days are up.

A landlord can use a 30 day-notice to end a month-to-month tenancy if the tenant has been renting for less than a year. A landlord should use a 60-day notice if the tenant has been renting for 1 year or more and the landlord wants the tenant to move out.
The notice must:

  • Be in writing;
  • Say the full name of the tenant or tenants;
  • Have the address of the rental property; and
  • Say that the month-to-month tenancy will end in 30 days if the landlord is giving a 30-day notice or in 60 days if he or she is giving a 60-day notice.

In rent-controlled cities, a landlord cannot cancel a month-to-month tenancy for just any reason. The landlord must find out if the unit is in a rent-controlled city, and if so, whether the landlord has the right to evict the tenant. Contact your local city or county government office to find out if you live in a rent-controlled area. Or talk to your self-help center, or a lawyer for help.

#4 What if you are the victim of an eviction in a foreclosed home or you are currently being evicted when you have Section 8?

90-Day Notice to Quit

A landlord must use this kind of notice if the tenant is in subsidized housing (Section 8). The landlord must explain why he or she is asking the tenant to move out, and the landlord must have good reasons (“just cause”) to ask the tenant to leave and give the tenant a 90-day notice to vacate the property. If the tenant is under a signed lease from the previous homeowner, the new property owner must honor the terms of the lease.

#5What is an Unlawful Detainer Eviction?

 

This court action is used to evict someone from their home or workplace:

An Unlawful Detainer action is a civil court proceeding. It’s a legal way to evict someone from the place where they live or work. This usually happens when a tenant stays after the lease is up, or the lease is canceled, or the tenants is behind in their rent.

An Unlawful Detainer Complaint decides if the landlord can take the property back from the tenant. The landlord is the plaintiff. The tenant is the defendant. If the defendant moves out before trial, the case is dismissed or can be changed to a regular civil action.

  • The Landlord/Owner cannot evict someone himself:The landlord/owner cannot evict someone himself. It’s against the law. Only the sheriff can evict someone. That’s why you need an Unlawful Detainer Complaint. For example: Even if a tenant is months behind on the rent, the landlord/owners cannot:
  1. Evict the tenant
  2. Get rid of the tenant’s things
  3. Lock the tenant out,
  4. Cut off the water or electricity, or
  5. Remove outside windows or doors.

To legally evict the tenant, the landlord has to:  

Serve the tenant with a notice,

Wait for the notice to end, and

File an Unlawful Detainer action if the tenant doesn’t do what the notice asks.

 

  • Only the Sheriff can physically evict someone:If the landlord wins, they’ll get an entry of default and “judgment for possession”. Then the tenant has to move out. The sheriff can enforce this judgment. This means the sheriff can physically make the tenant leave.
  • Unlawful Detainer Eviction Proceedings:An Unlawful Detainer case is really fast. The defendant has 5 court days to file a response. You can have a trial date after that. The defendant cannot file a cross complaint. But they let the court know with the proper court documents that the plaintiffs acted badly as a defense.

The most common reason to start an Unlawful Detainer is that the relationship between a landlord and tenant ends. This happens when:

1.The tenant doesn’t leave after the lease ends.

2.There’s a month-to-month lease, and the tenant doesn’t move out after a 30-day, 60-day or 90-day notice to quit (move out).

3.The tenant doesn’t pay rent and doesn’t move out after they get a 3-day notice to pay rent or quit.

4.The tenant doesn’t move out after they break a part of the lease agreement and they don’t do what the 3-day notice says to fix the violation or move out.

5.The tenant gets a 3-day notice to move out for “committing waste” or a “nuisance” or using the property to do something illegal and doesn’t move out.

You need to Act Fast-Call Us Today!

If you have received the Unlawful Detainer Complaint, you only 5 days to file a written response to the court or the landlord will move forward with a sheriff’s lockout. We can and will stop it for you so call us today! Your time is limited and we will help you and your family out of this stressful situation. Get more time to save money to relocate to a new home.

Don’t Hesitate!-Act Quickly and Call us now and we will stop your eviction Today!

( 714-400-4214)