What Are the Reasons a Los Angeles Landlord Can File an Eviction?
Los Angeles residents often have questions about California eviction laws, mainly the reasons a landlord can seek to evict a tenant before the end of their lease term. This article will provide a brief overview of the multiple reasons that a landlord may gain the right to file for eviction under California tenant law; however, if you are facing possible removal from your rental unit, it is crucial to contact a qualified landlord-tenant lawyer.
Reasons Why Landlords Can Evict Tenants
As stated above, there are several reasons that a landlord can legally evict a tenant. First, several of the reasons for eviction arise from the lease, including instances where the tenant fails to follow the terms dictated by the rental agreement and refuses to amend their rule-breaking behavior, or when the tenant stays beyond the time prescribed by the lease.
A landlord may also file for eviction when a crime has been committed on the property by the tenant, or when the tenant fails to make timely rent payments. The landlord may also evict a tenant in instances where the tenant's behavior is a consistent nuisance to other tenants or neighbors, or if the tenant's conduct results in a decrease in the value of the property.
When Can a Landlord File for Eviction?
If a landlord files for eviction, they must first provide the tenant with three days to either remedy the violation of the rental contract terms or to make the late rent payment. After this period has elapsed, the landlord must provide the tenant with a notice to quit, which informs the tenant that they have three days to either remove their property and vacate the premises, or to attempt to fight the eviction.
A landlord cannot file for eviction until they have provided the tenant with a proper notice announcing the termination of the lease. In most instances in California, a landlord can terminate a rental agreement with a 60-day notice, and if the tenant has still not left the property after proper delivery of the notice to the tenant, the landlord can file for an eviction.
Can the Tenant Fight the Eviction?
Yes. If the tenant wants to fight the eviction, it generally involves appearing before a judge. In court, the tenant must show that their rights were violated, either by the landlord failing to properly inform them of the eviction, breaking the terms of the lease, or failing to provide a habitable rental property.
If the tenant does not successfully show their rights were violated by providing documentation in court and has not moved out after the three days’ notice to quit, the landlord may then begin the process of filing for eviction.
Although a tenant may feel like they are evicted if they choose to move out during the three-day period that is dictated by the notice to quit, an eviction does not technically take place until after the three-day period has elapsed. While tenants have immutable rights under Los Angeles tenant law, it can be difficult for those unfamiliar with the area of landlord-tenant law to navigate the many regulations. The best guidance available is from a legal team with experience in this field of law, like the team at Tenants Law Firm.