Under California law, a landlord must follow fairly rigid procedural steps to evict a tenant, even for unpaid rent. An experienced Orange County eviction attorney can explain the process.
The Notice Requirement
If a tenant has failed to pay rent on time, the landlord must give them what’s called a three-day notice. Consult with an Orange County eviction lawyer about what this notice must contain. Generally, though, the tenant has three days to “cure” or fix the problem, such as paying current and back due rent. If the tenant fails bring his or her rent up to date, the landlord can than proceed with an eviction.
Taking an Eviction Case to Court
If the tenant has failed to pay rent after receiving the required notice, then landlord’s next step is to file a complaint in court. This is called an unlawful detainer suit. Essentially, the landlord sues the tenant for back due rent and seeks possession of the rental unit. The tenant can respond to this complaint, but a hearing will be held in front of the judge. If the landlord prevails, he/she will receive an order allowing the eviction and/or removal of the tenant from the premises usually a few days after the hearing.
To discuss your case with an Orange County eviction attorney fluent in California eviction law, contact the offices of Schiff & Shelton, Attorneys at Law. Call (949) 417-2211 to set up a consultation.