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What is the legal steps that a landlord take to start an…

Customer Question
What is the legal...

What is the legal steps that a landlord take to start an eviction?

Lawyer's Assistant: What state is this in? It matters because laws vary by location.

Calif.

Lawyer's Assistant: What steps have been taken so far?

He gave us a form filled out from the internet.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The place we are in isn't habitable. We have no running water, no heat and most of the windows are broken. That's just a start.\

Submitted: 3 months ago.Category: Legal
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4/4/2018
Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,450
Experience: Licensed to practice before state and federal court
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Hello! I am a CA licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 3 months ago

The eviction process applies to all landlords and tenants and the law does not concern itself whether the agreement is in writing or whether the tenant has paid rent. Eviction procedures also apply to tenants and subtenants as well. Regardless, although a landlord will have to go through eviction procedures, the landlord must pay special attention to some important legal concepts.

Generally, a landlord must follow procedural requirements when issuing an eviction notice. This means a tenant must receive written notice of the eviction before it is effective; in most cases it is at least 30 days (at least in CA). In addition, a landlord’s eviction is unlawful generally if they violated the implied warranty of habitability; the implied warranty of quiet enjoyment; if the landlord has locked the tenant out; if the landlord has failed to uphold promises made in the agreement; or if the tenant has cured a problem such as past due rent. Plus, landlords cannot discriminate on the basis of race, gender, age, disability, sexual orientation, or religious affiliation under the Fair Housing Act.

In CA, a landlord must either provide the notice directly, through mail, or by dropping it off with someone who is suitable to receive the documents.

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Lawyer: Legal Eagle, Lawyer replied 3 months ago

There is one upside to this situation though. the law generally prohibits landlords from physically removing tenants from the property or forcing tenants off the property by shutting off their lights, water, gas, or changing the locks. These are called “self-help” evictions and if a landlord engages in them, the landlord could be liable to the tenant for money damages. A

If there is a tenant who has been evicted with proper written notice (e.g. 3-day or 30-day notice), but they do not leave the property, then they are considered a holdover tenant. The landlord of a holdover tenant must go through certain procedures before a tenant can be physically removed from the property. What this means is that the landlord must go to the courts in the county where the property is to get the court’s permission to have the person removed from the property. Also, if there is an issue with the water and heat, you can use this as a defense.

The process for this can take months and you even have a chance to raise defenses to their eviction as well.

Because I value your input, I would like to know whether you have any other questions for me today that I could help you with?

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