Oftentimes, the lease stipulates that a notice must be given before leaving. This allows a landlord time to find a new tenant and to avoid vacancy loss. Typically, around days before a lease is set to expire, a landlord will send a letter to the tenant outlining the new terms of the lease. If there is a rental increase, some issues that need to be resolved, or other matters, they will detail it in this letter.
If you have given a tenant days written notice to vacate your property and he fails to move, you need to file an unlawful detainer lawsuit, aka eviction lawsuit, with the Superior Court.
Make sure you have just cause — legal ground — for the eviction.
If just cause is required, have proper documentation to win your case. Defining Eviction Causes If the tenant is on a month-to-month lease, you don't need just cause to give him 30 days to vacate.
However, in California, if the property is in a specified rent control zone, you might need just cause to force an eviction. Additionally, if the tenant is still in a month lease, you are not allowed to give days notice without just cause.
Most landlords give a 3-day notice for just cause scenarios that include delinquent rent, not following the terms of the lease, being a nuisance in the neighborhood, participating in illegal activities in the house and destroying the property.
Filing an Unlawful Detainer To file the unlawful detainer lawsuit, collect copies of the lease agreement and any evidence of just cause if it pertains to the situation. Remember that just cause isn't needed in all situations. Complete the petition for the unlawful detainer, listing yourself as the petitioner and the tenant as the respondent.
Use full legal names and the address of the property. Include anyone you know to be in the house including children, even if they aren't on the lease. Pay the corresponding court fees with the petition, summons and service documentation.
Serving the Lawsuit It isn't enough to file the lawsuit properly. You need to properly serve the tenant for it to legally bind him to vacate or appear in court. Some people hire a process server to hand the lawsuit notice to the tenant. Give it to the named tenant or any person 18 years or older in the home that accepts the documents — called substitution service.
If neither are accepted, post the notice on the door and mail a certified copy to the respondent as proof of service. Tenant Response The tenant has five days to respond to the notice by filing a response with the court. The tenant may claim you are wrongfully evicting him and file a counter suit.
Potential claims against you include that the place is uninhabitable, infested with rodents or has no utilities as required by law or lease. If the tenant responds, be prepared to reply in court. Court Process While California courts put a priority on eviction cases, there may still be a to day wait for a court hearing.
Attend with all evidentiary documents and witnesses with you. Present your case and wait for the judge to decide. If you are awarded the unlawful detainer, get the writ of possession issued by the court. Take this document to the sheriff's department to execute the eviction and escort the tenants out at the end of the fifth day of judgment.After you write your notice letter, sign it and scan it.
Attach it to the email, adding that you will send a formal copy via mail. Mail the original and a copy of the email. The Intent to Leave Apartment Letter, also known as the intent to vacate, is a standard letter that should always be written 30 days prior to moving from a rental.
Oftentimes, the lease stipulates that a notice must be given before leaving. This allows a landlord time to find a new tenant and to avoid vacancy loss. Learn how to write a short note to your teacher or employer. Read Leyla’s note to her English teacher and then complete the tasks.
I am leaving because Reason. For the reason above, may be a new job, rent increase, etc. If there are problems with the apartment, your landlord would probably like to know, but be diplomatic—you have your rental history to consider.
How to Get out of Your Apartment Lease. In this Article: Reading Your Lease Talking to Your Landlord Finding Loopholes in Your Lease Avoiding Fines and Penalties Community Q&A You got a new job somewhere else, your significant other broke up with you, or maybe your apartment is just falling apart – whatever it is, it's time to leave your apartment.
Leaving one apartment in the proper manner can dictate future rental opportunities. Make sure to state in the first couple of sentences that the intent is to vacate. Even if other issues will be addressed in the letter, make sure that leaving is the clear intent.