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To meet Wikipedia's quality standards, this article or section may require cleanup. Eviction is a legal process by which a landlord forces a tenant or other occupant to move out of the landlord's property involuntarily and usually permanently. Legal terms for eviction include summary possession and unlawful detainer. In most areas, landlords can evict tenants at the end of a lease term without cause. In other areas, there are just cause eviction controls or "just cause" laws, which require that a landlord give a reason for eviction. The most common reasons such as nonpayment of rent or damaging the property are typically considered cause for eviction. The requirement of notice also varies; in some areas, landlords must post an official eviction notice on the property a certain number of days before the tenant can be forced off the property. In some areas the landlord must get the police to post this notice. Some jurisdictions require the landlord to obtain a court order before a tenant can be evicted. This usually involves filing a lawsuit in the local eviction court, which is then heard by a judge, magistrate, or referee. If the landlord is found to have a just cause for eviction, the tenant is given a specified number of days in which to move. If he fails to do so, some jurisdictions allow the landlord to take possession immediately, while others require a peace officer (sheriff, bailiff, police officer) to be present for the set-out. Eviction law varies widely from state to state, and sometimes county to county or city to city. Any landlord faced with a tenant they must evict, or a tenant faced with a threat of eviction, should seek legal counsel to determine the practice in their community and their respective rights and obligations.
Evictions in CaliforniaNotice Preceding ComplaintUnder California law, a landlord must serve the tenant with a notice before an eviction procedure can commence. If the tenant is behind on rent, a 3-day Notice to Pay Rent or Quit must be served. If the lease has been violated, then a 3-day Notice to Perform Covenant or Quit must be served, and the landlord should try and collect evidence to prove that a breach has occurred. These notices must be stated in the alternative (providing tenant an opportunity to correct the breach) to be valid. If the breach is serious (as defined by law) and not curable, (e.g. the tenant has been using or selling drugs), the notice does not have to be phrased "in the alternative", and a 3-day Notice to Quit may be served, stating the incurable breaches. If landlord wishes to terminate a month-to-month rental agreement without good cause, 30 days notice must be given. Laws differ under Section-8 housing and in some rent-control jurisdictions, making it more difficult for the landlord to terminate the tenancy, especially without good cause. Eviction laws for mobile homes (where the home as well as the tenant must move) require longer notice periods and must be for just causes. Unlawful DetainerIf the tenant remains on the premises after the expiration of the notice (without correcting the breach if applicable), then the landlord may file an Unlawful Detainer lawsuit with the court, and have the documents personally served on the tenant (other methods of service are not ideal, as they allow the tenant more time to respond, while service by posting and mailing requires a court order). The trial process is expedited due to the time sensitive nature of the matter (i.e. the landlord may be losing rent each day the tenant is in possession of the premises), and the tenant is allowed only five days to answer the complaint. If the tenant fails to respond, the landlord may obtain a Default Judgment, and Writ of Possession, and have the sheriff execute the writ by forcibly removing the tenants if necessary. If the tenant does answer the complaint (which is always in their best interest, even if they have no reasonable argument for defense), the parties may set the matter for trial by filing the appropriate document with the court. The trial will be set by the court within twenty days. Typically, tenants request jury trials whereas landlords prefer bench trials. Each side is allowed to present witnesses or evidence to prove their case. Generally, in non-rent controlled jurisdictions, the landlord prevails unless they overstated the amount of rent due, committed some other fatal error in either the service of papers, or in the notice or complaint, or the tenant succeeds in raising affirmative defenses such as the landlord's "breach of the implied warranty of habitability." If the tenant has requested a jury trial it is likely the case will be settled via stipulation pre-trial since legal fees can be prohibitive. Typical settlements include the "pay and stay" (where the tenant pays off the backrent or cures the alleged breach in return for continued possession) or the "move-out deal" (where the tenant moves out in exchange for a waiver of backrent or some other amount of money). A monetary judgment may only be obtained at trial, and not by default. It can be quite difficult to enforce a money judgment, unless the landlord knows the tenant's bank account information, or where the tenant is currently employed. Therefore, the primary objective of an Unlawful Detainer is to evict the tenant from the premises. Landlord/tenant law, while not as complex as many other areas of law, is still too complicated for the average landlord or tenant to fully understand. Landlords may want to consider hiring an attorney to represent them in their case, as issues such as retaliation and habitability are commonly raised as a defense. Tenants are also well advised to seek legal advice regardless of if they can afford it. There are inexpensive or free legal aid centers for those who qualify in every major county that can assist tenants in the preparation of court documents. External links
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