Unlawful Detainer and Eviction

Unlawful Detainer and Eviction Lawyer

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Evictions And Unlawful Detainers

Landlords should always have a proper lease or rental agreements with their tenants to secure the property rights to their rental property. Occasionally the rental relationship does not go as planned and the landlord then needs to evict a tenant with an Unlawful Detainer (Eviction) action. Additionally, sometimes a landlord can end up with an occupant living in their rental property as a squatter that they need removed.

Evicting A Squatter Or Trespasser

Landlords are often faced with the difficult task of attempting to evict a tenant or squatter from a rental property that they own. In order to do so, landlords have certain procedures they must follow before they are able to remove the individual from their property. If the landlord does not have an oral or written lease or rental agreement with the individual, the individual may be considered a trespasser that the police may be willing to remove under Penal Code 602. The landlord may then be able to pursue civil damages from the trespasser in an ordinary civil lawsuit.

Eviction By Unlawful Detainer

If the landlord cannot establish that the occupant is a trespasser, the landlord can pursue an unlawful detainer action. In order to proceed with an unlawful detainer action to evict a tenant, a landlord must first give notice to the occupant/tenant. The type of notice (3-day, 30-day, 60-day, or 90-day) depends on the underlying basis for the eviction. There may also be specific notice requirements drafted into the lease or rental agreement that must be followed in order to pursue an eviction. After serving the appropriate notice, the landlord can then proceed with filing a complaint and pursuing the matter through a judgment.

Three Day Notice To Evict

In an unlawful detainer action, a three-day notice to evict is available in several instances. First, when the tenant has defaulted on payment of rent and rental obligations. A landlord may also evict a tenant if the tenant breaches a condition or covenant of the lease or rental agreement and that breach is material. Additionally, tenant can be evicted if they committed waste (damage to premises); permitted a nuisance on premises; or if they use the premises for an unlawful purpose. Lastly, a tenant may be evicted if they violate a lease by subletting or assigning the lease or rental agreement to another occupant.

Thirty Day Notice To Evict

A thirty-day notice to evict should be used when a landlord is terminating a month-to-month nonresidential tenancy, unless the lease specifies a different notice period. A thirty-day notice can also be used when terminating a month-to-month residential tenancy if tenant has lived on your property for less than a year, or terminating the tenancy of an at-will tenant.

Sixty Day Notice To Evict

A sixty-day notice to evict should be used when a landlord is terminating a month-to-month residential tenancy if occupant has been a tenant for a year or longer, or to terminate residency under a mobile home park agreement.

Ninety Day Notice To Evict

A ninety-day notice to evict should be used when a landlord is terminating government subsidized tenancy, or terminating residential tenancy after foreclosure.

Chico Unlawful Detainer and Eviction Attorney

Our Attorneys are knowledgeable in landlord-tenant disputes and will take the time to ensure your case is handled correctly. We handle all of our cases personally and we always update our clients so they know what is happening with their case. Call (530) 898-1111 for a free consultation today. Appointments are available after hours by appointment only, and can be held in person at our office or over the phone.

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