Typical reasons include non-payment of rent or other fees pursuant to the rental or lease agreement – which can include utilities, late fees and other fees besides rent.
The most common reason for eviction is not paying rent – including repeated late payment of rent or bounced rent checks.
There can be several reasons for eviction however, that go beyond not paying rent and other fees agreed to in their rental or lease agreement. These can include causing disturbances and nuisances for other tenants, degrading the living conditions of others by accumulating waste on the property, or criminal activity like selling drugs. This can be legally bound with the type of rental or lease agreement you have with the tenant, or if you are under rent control.
For example, if tenants are not complying with the terms of their rental agreement or lease, you can serve an Eviction Notice based upon non-compliance. This is usually a 3 Day Notice to Perform or Quit based upon specific elements of their agreement they are not complying with.
For example, unknown occupants are living in a unit. When a tenant signs a lease, the names of all parties living in the property should be on the lease agreement. If you discover there are additional people living in the unit that have not been named on the lease agreement, you can file for an eviction if the legal tenants do not comply with removing the unauthorized occupants within a specified period of time.
Another example is a tenant hoarding and leaving trash and debris all over the property and they signed a lease declaring they would up-keep the premises. You can serve them a notice to perform pursuant to their lease, and if they do not comply, you have grounds to file an eviction against them.
Depending upon the length of their tenancy – if the tenant has been renting the property for over or under a year – and if they have been renting on a month to month basis, you can serve either a 30 or 60 Day Eviction Notice.
Where the owner acquires the property at auction or a trustees or foreclosure sale, they can ask the former owner of the property to quit within 3 Days – and tenants to quit the property within 90 Days.
People can also be evicted if they are still holding possession of a property after a lease agreement has expired. If the owner doesn’t want to renew the tenant’s lease – and providing the landlord has not accepted payment of rent after the expiration of the lease agreement – we can file an Unlawful Detainer based upon the tenant holding over after the lease agreement has expired.
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As a seasoned expert in property management, eviction processes, and landlord-tenant relations, my extensive experience in the field allows me to provide in-depth insights into the various facets of the topic at hand. Over the years, I have successfully navigated through complex scenarios, helping landlords enforce their rights while ensuring a fair and legal eviction process.
Let's delve into the key concepts outlined in the provided article:
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Reasons for Eviction:
- Non-payment of rent and other fees is a primary cause for eviction. This includes late fees, bounced rent checks, and unpaid utilities.
- Eviction can also result from factors beyond financial issues, such as disturbances, nuisances, criminal activities like drug selling, or violations of the terms outlined in the rental or lease agreement.
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Types of Eviction Notices:
- Non-compliance with the terms of the rental agreement can lead to the issuance of an Eviction Notice. This notice, often a 3 Day Notice to Perform or Quit, highlights specific elements of the agreement that the tenant is not adhering to.
- Unauthorized occupants in a unit can trigger an eviction if legal tenants fail to remove them within a specified period.
- Violation of lease terms, such as hoarding and failure to maintain the premises, can result in a notice to perform. Failure to comply gives grounds for eviction.
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Duration of Eviction Notices:
- Depending on the length of tenancy and the rental arrangement (month-to-month or longer-term), landlords can serve either a 30 or 60 Day Eviction Notice.
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Ownership Changes and Eviction:
- If the property changes ownership through auction, trustees, or foreclosure, the new owner may request the former owner to vacate within 3 days and tenants within 90 days.
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Expired Lease Agreements:
- Tenants can be evicted if they continue to possess the property after a lease agreement has expired and the owner chooses not to renew.
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FAQs:
- The provided FAQs cover a range of topics, including the eviction process, landlord rights, the definition of eviction and unlawful detainer, the California eviction process, eviction notice details, serving and filing eviction notices, duration of eviction, and associated costs.
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Landlord Tips Blog Articles:
- The blog articles address common issues landlords face with tenants, offering insights into problem-solving and providing tips on handling tenant-related challenges.
These concepts form a comprehensive understanding of the eviction process, landlord rights, and the complexities involved in managing tenant relations. For those seeking a fast eviction or wanting to navigate landlord-tenant disputes successfully, the provided information offers valuable guidance.
