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.
Landlords and tenants have certain duties and responsibilities when it comes to potential lease violations and the eviction process. A Santa Ana eviction attorney can help you understand the law as it relates to pets on the premises.
Lease Terms Relating to Pets
Often, landlords prohibit pets as a term of a lease agreement. If a tenant keeps a pet in violation of the lease agreement, the landlord may have cause to begin an eviction proceeding. In both the drafting of a lease agreement and interpretation of an existing lease in the event of a problem, a Santa Ana eviction lawyer should be consulted.
Evictions in the Case of Unauthorized Pets
Like all evictions in California, the process begins when the landlord serves a required notice to the tenant. In the case of a lease violation, like for a prohibited pet, the tenant should receive a notice giving them a chance to fix the problem, i.e. get rid of the pet. If the tenant refuses to do so, the landlord may then sue them in court for eviction. The tenant is permitted to respond to this complaint, and ultimately, the judge will decide whether to grant the eviction. Speak with a lawyer to review your specific case.
To speak to an experienced Santa Ana eviction attorney, contact the offices of Schiff & Shelton, Attorneys at Law. We can review your case and help you decide on your next step. CallÂ (949) 417-2211 to set up an appointment.
When a tenant is suspected of violating a lease agreement by allowing other people to stay at the property, an Anaheim eviction attorney can explain how the eviction process starts.
Understanding the Lease Agreement
The first step in avoiding potential landlord/tenant disputes is having a well-drafted lease agreement. Both parties should understand and agree to the terms, such as who is actually permitted to live in the rental unit. In the event the tenant permits others to live on the property that are not on the lease, the landlord will have a recourse to enforce the lease provisions.
An Anaheim Eviction Lawyer Explains the Eviction Process
If a tenant violates a term of the lease by allowing others to live on the premises, the landlord must send a written notice requesting the tenant remedy the violation. The notice must contain certain elements, so it’s important to have an attorney prepare and/or review it. If the tenant refuses to remove the other people after the time limit in the notice, the landlord’s next step is to file an eviction lawsuit, called an unlawful detainer action. The tenant can respond, but a hearing will be held in front of the judge. If the eviction is granted, the tenant will have a certain number of days to vacate.
To speak to an Anaheim eviction attorney about your case, contact the offices of Schiff & Shelton, Attorneys at Law. Call (949) 417-2211 to set up an initial consultation.
If a landlord suspects a tenant has seriously damaged the rental property, an Orange County eviction lawyer can explain the law and specific procedural steps that must be followed to properly evict.
Basic California Eviction Proceedings
California landlords are prohibited from engaging in what’s called a “self-help” eviction. That is, regardless of the suspected lease violation or if the rent is not paid, a landlord cannot forcibly remove a tenant or change the locks without going through the proper legal steps. As an Orange County eviction lawyer can explain, the tenant is first entitled to proper legal notice regarding the reason for the eviction.
Eviction Notice Requirements When There Is Serious Property Damage
If the tenant has seriously damaged the property and/or is continuing to destroy it, a landlord may be able to serve what’s called an “unconditional” notice to quit. In that case, the tenant is given a certain number of days to vacate before the landlord can take them to court for eviction. The landlord can also pursue money damages from the tenant for destruction of the landlord’s property, though these can be difficult to collect. An attorney can explain what the notice requires and how to file suit.
At the offices of Schiff & Shelton, Attorneys at Law, you can consult with a knowledgeable Orange County eviction attorney who can review your legal options in your landlord/tenant dispute. Call (949) 417-2211 to schedule a consultation.
If you are having difficulties with a roommate in property you rent together, Fullerton eviction lawyers can help. The first question is generally whether your roommate’s name appears on the lease or not.
Issues Involved With Evicting a Roommate Who Is On the Lease
If you wish to evict your roomate, Fullerton eviction attorneys will first need to ascertain if he or she is on the lease with you. If so, you’re actually considered co-tenants. This means that your landlord would need to be the one to start an eviction process against the roommate. If the landlord doesn’t wish to, this can leave you in a difficult situation since your roommate has an equal right to be there.
Fullerton Eviction Attorneys Discuss Basic Eviction Procedures
If your landlord is willing to start an eviction against your roommate, he’ll first have to give proper notice to that roommate. There must be a reason for the eviction such as nonpayment of rent, destruction of property or lease violation. Your Fullerton eviction lawyers can explain more. If the roommate doesn’t fix the violation or pay the rent, then your landlord can take them to court to evict them. Evictions must follow proper court procedures, and landlords are not permitted to perform self-help evictions.
If you need help handling an eviction, the experienced Fullerton eviction lawyers at Schiff & Shelton, Attorneys at Law can counsel you. Call (949) 417-2211 to set up an appointment.
If you’d like to end a tenancy with your roommate, a Fullerton eviction attorney will need to know whether he or she is on the lease with you.
A Fullerton Eviction Attorney Explains Why it Matters If Your Roommate Is on Your Lease
If your roommate is on the lease, then your landlord must actually evict him or her. If not, then your roommate is technically considered a subleasor and you are in the position of landlord. Practically speaking, this means you can start eviction proceedings on your own. A Fullerton eviction lawyer can help.
How a Fullerton Eviction Lawyer Begins the Eviction Proceedings
To properly evict your subleasing roommate, your Fullerton eviction attorney will first need to serve them with the proper notice. Evictions must be for a reason such as nonpayment of rent, destruction of property or a specific violation of the term of a lease, for example, unauthorized pets. You can also serve a notice that you’d like to terminate the lease at the end of the term. For a “curable” problem like nonpayment, your roommate has a chance to fix things by paying. If they refuse, you can take them to court to evict them after the notice expires. The same thing works for terminations. If your tenant refuses to move, you can sue.
Contact an experienced Fullerton eviction attorney at Schiff & Shelton, Attorneys at Law. Call (949) 417-2211 to set up an appointment.
California does not allow a landlord to do what’s called a “self-help” eviction. Even if a tenant has failed to pay rent, a Anaheim eviction attorney can explain how to lawfully begin an eviction against a tenant.
An Anaheim Eviction Attorney Explains When You Can Give a 3-Day Notice
A 3-day notice can be given to a tenant if they are doing something in violation of the lease terms but it can be fixed or cured. As your Anaheim eviction law office can explain, common examples of the types of things requiring a 3-day notice are:
- Failure to pay rent;
- Keeping a pet in violation of the lease; and
- Failing to keep the apartment clean.
If the tenant fails to fix the problem by paying the rent, removing the pet, etc, the landlord may be able to file the eviction lawsuit, called an unlawful detainer action.
An Anaheim Eviction Attorney Can Help Make Sure a 3-Day Notice Is Completed Properly
A 3-day notice is not a form you can pick up from the court. Rather, it is something the landlord needs to draft. California law is very specific about the proper language and notification requirements in the form. Therefore, it’s best to have an Anaheim eviction attorney prepare one for you.
For help handling your landlord/tenant matters, trust an experienced Anaheim eviction law office. Call Schiff & Shelton, Attorneys at Law today at (949) 417-2211.
Collecting money owed by a tenant for back due rent or other damages is a complicated process. An Anaheim eviction lawyer can explain certain procedural steps that must take place.
An Anaheim Eviction Lawyer Explains How to Obtain a Money Judgment
If you’ve sued your tenant for back due rent or other monies owed, you’ll generally need to make sure he or she is served personally with the paperwork. An Anaheim eviction lawyer can explain how. This can often pose problems as tenants who owe money sometimes refuse to leave a forwarding address.
What Happens After You Obtain a Money Judgment
Let an Anaheim eviction law firm discuss your collection options if you’ve successfully served the tenant and obtained a money judgement. You will generally have to wait a few weeks after the judgment is entered before you can begin collections to give the tenant a chance to appeal. Then, your Anaheim eviction lawyer can discuss the viability of wage or bank account garnishment, seizing personal property or other collections tools.
The more information you have about the tenant’s assets, bank accounts or place of employment, the more likely you’ll be able to find an asset to collect against. Keeping good records on your tenants is a good first step.
If you need help with your landlord/tenant matters, contact a knowledgeable Anaheim eviction law firm. Set up an appointment with Schiff & Shelton, Attorneys at Law by calling (949) 417-2211 today.
You may have bought a vacant home and discovered a squatter living on the premises. While you own the property and the squatter has no rights to be on the property, you may be surprised to know that it can be difficult to rid yourself of the squatter. For example, in a dispute with a squatter, law enforcement may be reluctant to get involved and sort out the individual’s rights. Instead, it may be in your best interests to work with an Orange County eviction lawyer.
Evicting a Squatter
While a squatter does not pay rent and does not have a legal right to live on your property, you still need to follow the eviction procedures to rid yourself of the squatter.
Generally, an Orange County eviction attorney will need to give the squatter a three-day notice to vacate the premises. You will need to meet the proper legal requirements for drafting and delivering the notice. These requirements can be difficult as you may not know the name of the squatter. Only after the three days have expired, can you initiate the eviction filing.
Similar to other eviction proceedings, an Orange County eviction attorney can explain to you that the squatter can fight the eviction in court. You will have to prove your side of the case such as your ownership of the property and the failure of the squatter to have any rights to be on the property.
If you win the case, your Orange County eviction lawyer will work with law enforcement to move the squatter out. You should never personally get involved in moving the squatter yourself.
Contact an Orange County Eviction Lawyer
If you have trouble with squatters and are looking to evict them, contact an Orange County eviction lawyer at Schiff & Shelton, Attorneys at Law, by contacting (949) 417-2211.
Low-income individuals may receive subsidized housing from the government. In these cases, the individuals may have Section 8 vouchers that can be applied toward rent. Landlords should know that Section 8 vouchers do not necessarily protect a tenant from eviction, and an Orange County eviction attorney can assist you in removing a troublesome Section 8 tenant.
Landlords generally need to show cause to evict a Section 8 tenant. An Orange County eviction lawyer can explain to some common reasons to justify an eviction such as:
- failing to pay rent
- violating the terms of the lease
- damaging the premises
- violating other provisions of the lease
After showing cause, your Orange County eviction lawyer typically will need to get a court order to evict the tenant. This will require providing notice to the tenant of the proposed eviction, offering the tenant an opportunity to cure the condition, and hearing the unlawful detainer lawsuit in court.
In some cases, a landlord may also evict a Section 8 tenant even without case. For example, a landlord may simply not renew a lease with such a tenant. However, landlords still must be careful to work with an Orange County eviction attorney as they must comply with certain notice requirements even with the lease expiring.
Contact an Orange County Eviction Attorney
If you need assistance with the eviction of a Section 8 tenant, talk to an Orange County eviction attorney at Schiff & Shelton, Attorneys at Law, by calling (949) 417-2211.