Landlord /Tenant Procedure In An Eviction

How-to-File-a-Motion-to-Stay-Eviction-in-CaliforniaOwners of rental properties at times may know all too well the difficulties that can arise in a tenant/landlord relationship. In some cases, the situation may reach the point where the landlord desires to evict the tenant, whether it be for nonpayment, or some other lease violation. What is the process that must be followed?

There can be a lot of variables in tenant/ landlord cases, so it is important for the landlord to do their research before beginning the process. While the housing court is mostly set up to be navigable without a lawyer, there are some cases in which the consulting of a legal advisor(on the part of either the tenant or the landlord) may be advisable.

When a landlord sets out to begin the eviction process, and Notice To Quit will be served to the tenant. The tenant will then have 14 days notice to either pay the amount owed or, if possible, right anything that the landlord is acting on to evict.

If the court decides in favor of the landlord, and eviction is going to take place, the eviction can only happen during times when the court is open(landlords cannot force tenants to exit the property over a weekend).

Tenants and landlords should contact an experienced Real Estate attorney if any dispute arises which does not have a clear cut definition by the Housing Court, such as whether a tenant can withhold rent until certain repairs have been made in the home, or if a landlord is looking to sue a tenant for back rent owed.

The experienced attorneys at Wynn and Wynn have a reputation of creativity and diligence when it comes to helping their clients, and they will assist you whatever your legal needs. Call today at 1-800-852-5211 or click here for a free consultation.

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