California Eviction Procedure for Employer Provided Housing

Mar - 03

California Eviction Procedure for Employer Provided Housing

California’s landlord tenant law specifies a thorough procedure that has to be followed to legally evict a tenant. The process also applies to a scenario in which the landlord is also the company of the tenant, with some gaps from the eviction procedure for a regular, non-employee tenant. The company landlord is never allowed to just throw from the employee tenant.

Worker as Tenant

The eviction law usually requires that the landlord has cause to evict the tenant, such as non-payment of rent, or even splitting a provision of the rental, such as having a illegal pet. If the tenant is used by the landlord and the landlord provides the residence rent free within this job, the landlord can go immediately to court to decrypt the employee upon the termination of the job. This scenario waives the normal need to serve an improvement notice to the tenant. But if the arrangement demands a rent payment or the tenant still works for the landlord, the regular notice requirements apply.

Notices and Service

The landlord must serve advance notice to the tenant prior to filing for a eviction with the court. For cases in which the tenant hasn’t paid the rent, broke a provision of this rental or engaged in prohibited conduct, a three-day notice is needed. For your landlord to end the lease, 30 days is needed when the tenant has lived there under a year. Sixty days is needed if the tenant has lived there for more than a year. The notice must be served to the tenant personally or by post the notice on the tenant’s front door combined with mailing a copy of the notice to the tenant.

Unlawful Detainer Action

After the notice period, the landlord files for the Unlawful Detainer Action with the Superior Court. Legal note will be served on the tenant, who has five days to file an reply to the landlord’s complaint. A court hearing is generally held within 20 days after this. At the hearing, both the tenant and landlord could testify and present evidence. Either may use an attorney. If the court rules to your tenant, no eviction happens and the landlord may be ordered to cover the tenant’s legal costs and expenses. If the landlord wins, the court will issue him a writ of possession.

Physical Removal

The landlord will document the writ of possession with the local sheriff. A copy of the writ must be lawfully served to the tenant, that will then have five days to vacate the residence. After this period, the sheriff could subsequently physically eject the tenant, and also lock him out of this rental. Only the sheriff is lawfully allowed to remove the tenant. The landlord is especially prohibited, at any given stage, from taking any self actions, including locking the tenant out, cutting off utilities or seizing any of the tenant’s premises.

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