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To start a case, you must file a complaint with the court. In that complaint, you can ask for an eviction order. You must file your complaint no more than 60 days after the end date listed in your notice to the tenant. The person filing the court case is the plaintiff.
Offer an Incentive or Cash for Keys Explain the Situation Firmly let the tenant know that they can no longer stay in your property. Outline the Consequences Calmly explain to the tenant that you will be forced to file an eviction case if they do not move out, which will cause a huge hassle for them.
Termination of Lease Letter The date of the letter. The name and address of the tenant. A request that the tenant vacate by a specific date. The reason for termination. A reference to the lease clause that permits you to end the lease. The date you want to do a walk-through inspection.
Your landlord only needs to give reasonable notice to quit. Usually this means the length of the rental payment period so if you pay rent monthly, youll get one months notice.
If the landlord cant serve the notice on you personally or by substituted service, the notice can be served by taping or tacking a copy to the rental unit in a conspicuous place (such as the front door of the rental unit) and by mailing another copy to you at the rental units address.
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They dont have to give you any reasons why they want to evict you. They have to give you at least 28 days notice, but this could be longer depending on your agreement. If you dont leave by the time your notice ends, your landlord has to go to court to get a court order to make you leave.
A landlord can use a 30 day-notice to end a month-to-month tenancy if the tenant has been renting for less than a year. A landlord should use a 60-day notice if the tenant has been renting for more than one year and the landlord wants the tenant to move out. (CCP Section 1946.1.)
You cannot be evicted until the entire process is over and you have been delivered a court order. Your landlord cannot file a court case against you until your landlord has given proper written notice that your tenancy is terminated. In order to be evicted, your landlord must have legal grounds to evict you.
Unless the rental agreement provides a shorter notice period, a California tenant must give their landlord 30 days notice to end a month-to-month tenancy.
Most tenancy agreements will include a break clause. This allows landlords to give a tenant notice after a certain period of time has passed. It is very rare, however, that a break clause will allow you to regain possession of your property during the first 6 months of a tenancy.

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