Whether you are a tenant or a landlord, knowing the California laws of eviction is your best strategy in pursuing a case. At the Law Offices of Patricia Turnage, we help clients in the East Bay Area resolve property issues and meet deadlines for filing important documents. Our small, boutique office ensures that you and your case will get the personal attention you need when pursuing or facing an eviction. Call our Hayward, California, office at 888-359-9348 for legal advice on your eviction case.
Eviction Terms You Should Know
Unlawful detainer — An unlawful detainer is filed by a landlord who has given notice of eviction to a tenant but the tenant has failed to move out voluntarily.
Writ of possession — If the court determines the tenant should be evicted, the landlord will apply for a writ of possession and will send it to the sherriff with instructions to evict the tenant. The tenant then has five days to leave the property voluntarily. If after five days the tenant still has not vacated, the sheriff may physically remove the tenant. The unit may be locked, and the tenant may forfeit any property left behind.
When Is A Landlord In Breach of Tenant Rights?
Landlords must follow specific regulations for giving tenants notice of breaking rental agreements. These regulations specify whether the notices must be in writing and how much time landlords must give tenants regarding each step of a breach of contract or eviction.
When Is A Tenant In Breach Of Contract?
In California, there are specific criteria that state when a tenant is in breach of their rental agreement. The rules are as follows:
- Doesn't pay rent on time
- Breaks rules set out in lease agreement
- Disturbs other tenants
- Breaks law while using the property
- Damages property
If a tenant breaks any of these rules, a landlord may pursue eviction. Tenants should be aware that an eviction could stay on their credit report for seven years which would affect their credit rating.
An Attorney With Experience Representing Landlords And Tenants
Our founding attorney, Patricia Turnage has over 25 years of experience as lawyer, including 15 years of experience as a judge. This has given her an understanding of both plaintiff and defendant cases and the tools to help clients resolve conflicts.
For Legal Help With Tenant-Landlord Issues
Contact our Hayward, California, offices by phone at 888-359-9348, or else contact us online.
We offer a flexible fee structure for eviction cases, including hourly rates for tenants, reduced fee options and flat fees for commercial landlords.