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Landlords of non-exempt property seeking to evict a tenant need to show “just cause” for the eviction when (1) all tenants have continuously and lawfully occupied the unit for 12 months or longer; or (2) at least one tenant has continuously and lawfully occupied the unit for 24 months or longer. “Just cause” essentially means that the landlord must have a reason to evict recognized by California law. Here is a breakdown of those reasons, as outlined in California Civil Code section 1946.2.
At Fault Just Cause Evictions
Just cause evictions fall under one of two sub-categories: “at fault” just cause evictions and no fault just cause evictions. An “at-fault” just cause eviction can be pursued if the tenant:
• Failed to pay rent when due;
• failed to enter into a landlord-requested renewal or extension of a lease which terminated on or after January 1, 2020;
• breached a material term of the lease;
• committed or permitted a nuisance or waste to occur on the property;
• conducted criminal activity on the premises or common areas, or used the premises for an unlawful purpose;
• assigned or sublet the premises in violation of the expired lease;
• refused the landlord’s authorized entry into the premises;
• failed to deliver possession after providing the landlord notice to terminate the tenancy or surrender possession, or
• failed to vacate when the tenant was a resident manager or other employee of the landlord and the employment has been terminated.
No Fault Just Cause Evictions
Alternatively, a “no fault” just cause reason exists when the tenant is being evicted under no fault of their own for any of the following reasons:
• the landlord or their spouse, domestic partner, children, grandchildren, parents or grandparents intend to occupy the premises;
• the property is withdrawn from the rental market;
• the property is unfit for habitation as determined by a government agency and through no fault of the tenant; or
• the landlord intends to demolish or substantially renovate the property.
An improvement qualifies as a “substantial renovation” when any structural, electrical, plumbing or mechanical system is replaced or substantially modified, requiring a permit from a government agency. Cosmetic improvements like painting or minor repairs that don’t require the tenant to vacate to ensure their safety are not considered substantial renovations.
Exempt Properties
Single family home rentals are generally exempt from California’s “just cause” requirement. Specifically, an exemption exists for owner-occupied single-family homes or duplexes, and any single-family home owned by an individual. In addition, housing built within the last 15 years is exempt from having to show “just cause” to evict a tenant.
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Read this:
https://www.courts.ca.gov/documents/California-Tenants-Guide.pdf
You give zero detail on WHY you are getting evicted, just a plea for help.
Make it easier for people to offer help. WHY are you getting evicted.
See Peckr's post.
They way I see it, assuming you are in a 'normal' rental arangement:
a) - your landlord is an idiot & you will win with the facts.
or... the more likely:
you fucked up - and deserve to get bounced.
Funny how you didn't mention any prior 3 day pay our quit notices or other pertinent info.
CA law has a strong bias in favor of renters - which is one reason I divested my rentals.
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don't think twice, hire peckr!! best damn free advice on here
oh, and by the way, if you can't pay the rent, claim covid interfered with your job or your ability to make a living - most jurisdictions have a moratorium (a stop) on tenant evictions for failure to pay rent if the tenant can claim (not even show) covid impacted income
also, why are you getting notice only 2-3 days before the court date? that's not the way it works
but i could be wrong
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^^^LOL
troll much? OP may have some defenses/rights, including rental eviction moratoriums, that she may not know about
you may not like that, but those laws were put in place to protect "lowlife assholes" who lost their jobs due to covid, instead of allowing landlords (like you, i presume) putting them out on the street and adding to the homeless challenge
but i'm sure you have the solution to that annoying homeless challenge, too. would luv to hear it
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pretty sure the eviction moratorium is over and done with by now...
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Poor planning makes for piss poor performance. A hearing today and a plea for help yesterday?
Nothing like waiting to the last minute, sounds like my tax clients who think I'll see them today or tomorrow and get the returns done by the 15th or 18th.
I'm sure you were served at least 10 days ago.
Don't mean to seem cold but some of this appears to be self-inflicted if you waited til the last minute to reach out here for help.
Good luck.
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Being self employed and having to hunt down dirt bag grifters from time to time, I can tell you that when you file court papers (Small Claims)...you will be suing for up to a $10,000 maximum. You typically get a court date 4-6 weeks out...longer with the pandemic...you typically have at least (3) weeks...depending on when you were served to file an "Answer" to the complaint...you don't get served today and have to appear tomorrow...NEVER happens!!!!!!!!!! Whatever the situation...it has been going on for quite some time...
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CA, city of LA, and LA county are very renter friendly. It seems renters can get away with a lot. With that said, the OP's landlord must have pretty a good case, otherwise he would not have filed the paper, since it costs $ to file.
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Well, today's the 13th - the end of the day - I wonder how OP did?
After all, today was her court date.
Didn't get much love here - I wonder if she was hoping for a white knight.
Landlords don't go to court unless they have to - by the direct actions (or inaction as the case may be in failure to pay rent) of their tenants.
OP - how did it go?
Outcome?
More detail?
Do tell!
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What happened? What was the outcome? What was the situation that prompted this?
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Ion't want her to str things out...It's more fun to watch the dumpster fire!!!!!!!!!!!
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There are 11 comments on this blog. |