For both landlords and tenants, the process of eviction is stressful, often filled with a number of disputes between the two parties. No matter which side of the rental equation you are on, understanding the eviction process and the rights and responsibilities of both parties is important if you are going to be part of the California rental market. Attorney Robert Brownlee is here to help ensure you understand those rights and responsibilities, so you can avoid eviction. Also, if eviction is necessary, he will help guide you through the process.
The Eviction Process in California
California law requires tenants and landlords to follow the terms of the rental contract they agreed to at the beginning of the lease period. If a tenant is guilty of a breech of contract or failure to pay, California law requires the landlord to give notice to the tenant. If the tenant does not move out voluntarily, then the landlord must file an “unlawful detainer lawsuit” with the superior court. In this lawsuit, the landlord serves as the plaintiff and the tenant becomes the defendant.
While this is technically a lawsuit, it does not drag on like criminal lawsuits often do. The tenant has only five days to file a written response after being served with the summons and complaint from the landlord. The judge will then hear and decide the case just 20 days after either party files a request to set the case for trial.
California law gives the tenant the right to be heard in court if he believes the eviction is not within the bounds of the law and the rental contract. A landlord is required, by law, to go through this court process, rather than resorting to other measures to remove a tenant, including locking out the tenant or physically removing the tenant’s belongings. Using these means could incur penalties for the landlord and give the tenant the right to sue for damages.
Get Qualified Help for Your Eviction
Whether you are a landlord with a bothersome tenant, a tenant who feels an eviction is unfair or someone facing a landlord/tenant dispute without clear direction on what to do next, the Law Office of Robert Brownlee is here to help. Contact Attorney Robert Brownlee to learn more about your rights and what your next steps are in the process.