When Can I Evict a Tenant?

Orange County eviction attorneyIf you have a tenant that refuses to pay rent or otherwise fails to meet the terms of your lease, you should speak with an Orange County eviction attorney. Generally, a landlord can only evict a tenant in two broad circumstances:

  • The landlord-tenant relationship comes to an end
  • The property is sold

Ending the Landlord-Tenant Relationship

The landlord-tenant relationship can terminate when:

  • The tenant fails to move out after the lease ends.
  • The tenant is in a month-to-month lease and fails to move out after receiving a notice to move out. These notices may give a tenant 30 days, 60 days, or 90 days to move out.
  • The tenant fails to pay rent or vacate the property after getting a three-day notice to pay rent or move out.
  • The tenant violates the terms of the lease and fails to move out after being given a three-day notice to fix the violation or vacate the property.
  • The tenant fails to move out after receiving a three-day notice to vacate the property for being a “nuisance.” This usually means that the tenant had been doing something illegal on the property.

A landlord can be penalized for initiating the eviction process in unjustified circumstances. An Orange County eviction attorney can advise you when an eviction is lawful and recommended.

Getting Started with the Eviction

The eviction process is a legal proceeding called an unlawful detainer action. You will need to file certain legal documents like a cover sheet, summons, and complaint with the court. An Orange County eviction attorney can assist you with these documents. You will have to bring the complaint in the California Superior Court. You should choose a court in the county where the property is located.

In the court documents, you will need to demonstrate why the eviction is warranted. In addition, you will need to demonstrate that you followed the proper process leading up to the unlawful detainer action, such as providing the proper notices.

Contact an Orange County Eviction Attorney

If you are considering evicting a tenant, you should work with an experienced attorney. You need to meet strict legal requirements for eviction and failure to meet these requirements can result in fines and penalties. Contact an Orange County eviction attorney at Schiff & Shelton at (949) 417-2211 if you have any questions.

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