How to legally evict someone in california

how to legally evict someone in california

Free California Eviction Notices Printable Forms & Sample Letter Templates

To legally evict a tenant, it is essential your tenant eviction letter is the correct form and is legally served to the tenant to the full letter of the law. Most evictions begin with either a 3 Day, 30 Day Notice to Vacate or 60 Day Notice to Vacate. Eviction is the removal of a tenant from rental property by the some jurisdictions it may also involve the removal of persons from premises that were foreclosed by a mortgagee (often, the prior owners who defaulted on a mortgage).. Depending on the laws of the jurisdiction, eviction may also be known as unlawful detainer, summary possession, summary dispossess, summary process.

Signing a lease means putting yourself down as the person responsible for paying the rent on the apartment and following the rules spelled out in the lease. However, most leases allow you to bring roommates into the mix, whether they are friends to help you with the rent or your significant other finally moving in with you. When you're ready for your roommates to leave, however, you might need to go to court to evict them.

When you want to evict someone from your apartment, one of the first things to find out is what your lease says about having roommates. Most lease agreements allow you to bring another person into the apartment, such as a companion or family member, as long as you notify the landlord about the new person.

The problem comes in if your lease says no additional people are allowed or that any new people must sign the lease. The court might require your landlord to get involved in evicting someone who's not on your lease, which will bring to his attention that you violated the lease by letting someone else move in. This could lead to your eviction as well because you broke the lease. Always read your lease carefully before adding a new tenant to the how to add music to windows phone. If you've had a friend stay over for a few nights, there's no need to evict the person -- he's not legally a tenant.

In California and most other states, however, if someone has lived in your apartment for 30 days or more, he's considered a tenant even if he never signed a lease. This means you can't just ask him to leave. He has the right to stay, as long as he's living up to whatever verbal agreement he made with you about paying rent and other responsibilities, or be filed with formal eviction paperwork.

There's one potential problem when you try to evict him. If your roommate is paying rent directly to your landlord instead of you -- even if there's no written lease between the two -- he's considered a co-tenant instead of your subtenant in some areas, especially rent-controlled ares such as San Francisco.

This means you can't evict him; only your landlord can. When you read your lease, you'll likely see several issues that could lead to your eviction, such as failure to pay rent or that you have taken such poor care of the apartment that it's become a danger to the health and safety of other building tenants. These listed issues are the only reasons your landlord can evict you.

However, since your roommate has no lease, you can evict him for any reason, including that you don't want to co-habitate any longer. You must still provide notification in the form of a formal how do you change centimeters into inches notice to quit or leave, which an attorney can help you create.

Be careful saying you are evicting him for not paying rent, even if that's the main reason -- California requires you to give him five days to respond to your notice and come up with the back rent, while some states allow up to 10 days.

If he complies and pays you the back rent during that time period, you must halt the eviction. When you provide your sub-tenant with notice of eviction, make sure you provide adequate time for the person to leave. In most cases, this is 30 days, or an average rental period.

For example, if your lease says you pay your rent every two months instead of every month, you'll have to give two months' notice in your roommate's eviction notice. It's best if your roommate leaves quietly during the day notice period after you give him the eviction paperwork. If he doesn't, however, you must take him to court so a judge can demand he vacate the apartment. Even if his name isn't on the lease, you must follow formal eviction procedure to force him to leave.

Keep in mind that a lodger is someone living in your legal residence while a tenant lives in a residence. Lodgers generally don't need more than written notice before the sheriff can evict. Tenants, known and unknown, need notification, reasons and potentially an unlawful detainer lawsuit.

Based outside Atlanta, Ga. Beginning her career at newspapers such as the "Marietta Daily Journal" and the "Atlanta Business Chronicle," she most recently worked in communications and management for several nonprofit organizations before purchasing a flower shop in By Shala Munroe Updated December 15, Related Articles.

Co-Tenant Eviction in California. Warning Keep in mind that a lodger is someone living in your legal residence while a tenant lives in a residence.

Evicting an Adult Relative

Dec 24, In California, for example, a tenant who doesn't pay rent is served with a 3-Day Notice to Pay Rent or Quit. If the tenant pays the back rent within that period, that is the end of the matter. Similarly, a family member/tenant being evicted for breaching a term of the lease agreement must often be given a short, conditional notice. Dec 15, If you've had a friend stay over for a few nights, there's no need to evict the person -- he's not legally a tenant. In California and most other states, however, if someone has lived in your. Apr 16, Someone gets cast out for not paying rent. But here in Eastern Kentucky, millionaire Lexington developer Patrick Madden conspired with local governments to evict an entire neighborhood of.

Squatting is when a person finds an abandoned or vacant property and moves in without discussing it with the property owner. It sounds like breaking and entering except sometimes it is legal. A squatter is someone who takes up residence in an abandoned, unoccupied or foreclosed building or area of land.

This is done without lawful permission. Squatting is not necessarily trespassing. While trespassing is a criminal offense, squatting is usually civil in nature. Still, squatting can be treated as criminal behavior if the property owner or landlord has established that the individual in question is unwelcome.

Holdover tenants also referred to as tenants at sufferance are tenants who remain on the property after the lease has ended. If the tenant chooses to remain, they are responsible for continuing to pay rent at the existing rate and terms. If the landlord chooses, they can continue to accept the rent without worrying about the legality of the occupancy. However, if a holdover tenant does not leave after a notice to move out or a notice to quit , they can be subject to a lawsuit for unlawful detainer.

A holdover tenant cannot claim adverse possession if they have already been told to leave; at this point, they will be considered a criminal trespasser. The landlord can evict the tenant without notice at any time because the tenant is on the property at the will of the landlord. A squatter can claim rights to a property after residing there for a certain time.

When a squatter claims adverse possession, they can gain ownership of the property legally. At this point, the squatter has lawful permission to remain on the property and is no longer a criminal trespasser.

In the US, there are five distinct legal requirements that must be met before an adverse possession claim can be made. The occupation is required to be:. Actual possession requires that the trespasser actually possesses the property.

They must be physically present and treat it as if they were the owner. This can be proven by providing documentation of efforts to maintain the property, make improvements, or beautify the premises. Landscaping, as mentioned before, constitutes actual possession. It must be obvious to anyone that they are squatting there including any property owner who makes a reasonable effort to investigate. To fit this requirement, the squatter must be the only person in possession of the land.

They cannot share possession or occupation with stranges, other tenants, other squatters, or the owner. The squatter must prove that they have resided in the property for an uninterrupted amount of time. This means that they cannot abandon the property, return to it later, and then claim to have possessed the property for the entire length of time.

In California, squatters must have occupied the property or maintained it for at least five continuous years. This term means that someone has gained ownership of a property without one or more pieces of the required documentation. This can also mean that the squatter believes that they have the right to be there. To gain the title to any property, the squatter has to be the one paying the necessary taxes, fees, and bills to maintain the property.

Always make sure that you are paying your own property taxes. This can help avoid adverse possession claims.

There are quite a few ways to deal with squatters in California. California definitely works in favor of the landlord or landowner as long as they have not abandoned the property or failed to maintain it.

First, the property has to be vacant to begin with. If someone else is actively living on the property, a squatter might be performing a criminal trespass.

California law is very particular about this. However, the first step that you can take to remove squatters from your property is to pay them to leave. If the squatters agree and you can pay them to leave, it can save you valuable time as well as money in the long run.

A legal disability can mean that the landowner is underage and have inherited the property or otherwise incapable of making legal decisions. In this case, the landlord has up to 20 years to prevent an adverse possession claim by removing the squatters. This means that if a squatter is using the land of a disabled person, the period after which they can file an adverse possession claim is extended.

Another way to deny squatters an adverse possession claim is to rent the property to them, or else give them written permission to be there. This can diffuse their adverse possession claim, but it does make getting rid of them significantly harder. If they fail to leave after these three days are up, you can file an unlawful detainer suit with the court make sure that you hire a lawyer or seek legal advice when doing this. If they are served with the unlawful detainer and do not respond, you can regain possession of the property and may have the squatter removed.

If they do respond, a hearing will be scheduled within 20 days. You can present this judgment to the local sheriff not the police , and the sheriff will post a 5-day notice. After this time, if the squatter remains on your property, they can be forcibly removed. Squatters have different rights in different states. Make sure you refer to California Civ. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.

Squatter's Rights in California Squatting is when a person finds an abandoned or vacant property and moves in without discussing it with the property owner. To speak with a California real estate attorney, Click here.