An Overview of California Renters Rights.
California Tenants Rights-Eviction
Unlawful Detainer: The legal process to make you move
Facing eviction can be a stressful process. It is important to be informed about your rights and what eviction entails. The following is the general process.
Eviction is a legal process a landlord uses to make you move out. To evict you, your landlord must give you a 3, 30, 60 or 90-day notice. If you get one of these, it’s important that you take action immediately!
If you get a 3, 30, 60 or 90-day notice and don’t take action, your landlord can file a lawsuit against you called an Unlawful Detainer Summons.
An Unlawful Detainer tells you that the landlord is suing to have you evicted. It names the landlord as the Plaintiff and you as the Defendant. A case number and the name of the court where the lawsuit is filed are listed on the Unlawful Detainer.
If you are served with an Unlawful Detainer, get a licensed unlawful detainer assistant to prepare your legal documents.
Answering the Unlawful Detainer
I will prepare the legal documents to block your eviction and extend the time in your home. The answer document is the last document I will prepare for you during the process to make sure you get the maximum time in your home.
If you file a written response with the court, you will be given a trial date. At the trial, you can explain your case to the judge. If you win, you won’t be evicted.
If you don’t file an motion or an answer within 5 days, you can’t appear in court. A default judgment will be entered against you. Once the default is entered, you can be evicted.
Only a Sheriff can evict you. The Sheriff will post a 5-day eviction notice on your door. If you do not move out within 5 days, the Sheriff will return and force you to move out.
If you leave any personal belongings in the rental unit, the landlord can keep them until you pay storage costs. Storage costs start the day you are evicted but do not include back rent you may owe. If you don’t claim your belongings, the landlord can sell them at auction. If they are worth less than $300, he can give them away.
Your Tenant Rights
It is illegal for a landlord to lock you out, remove doors or windows, change locks, cut off utility services, or use other forms of harassment to make you move out. You can file a complaint if the landlord locks you out or cuts off your utilities. We will help you do this!
If you file a complaint, the landlord cannot legally retaliate against you. Retaliation may include raising your rent, decreasing your services or taking steps to evict you. This protection is good for 180 days from the date you filed your complaint as long as you continue to pay rent and follow the terms of your rental agreement.
Call us right now and we will stop your eviction today!
True Sources Eviction Services is focused on making sure your legal documents are done with the highest amount of expertise and care and we are devoted to getting you the best results possible. We also make sure we keep you in the loop so you know and understand exactly what’s going on.
It is a basic prerequisite to have the essential information to be assured you are on the right track when it comes to tenant or renters rights in California in relation to landlord/tenant relationship. Iniquities such as excessive frustration, additional costs and complications can overcome you. That’s why it is worthwhile for you having knowledge about tenant rights because with that, you will not have to go through all that. You will be provided with a detailed scrutiny on how things go with this evaluation of the California renters right. This will help you to avoid mishaps, general knowledge of rights that can be of help to both the landlord and the tenant. It is essential not to violate the lawful rules and regulations when dealing with such matters within the real estate industry.
It is illegal for a landlord to choose and reject a tenant based on his personal judgment. According to the State Department of Justice, the landlord is forbidden to discriminate a tenant regarding his gender, color, religion, race, origin or even status. It is common to hear a landlord who prefers tenants of a certain gender only. If you are a victim of such a scenario, it is good you know that is illegal and you can impose your renters right in California since it is your right to do so. On the other hand, there are various exclusions, in cases where homes are built and meant for exactly a particular group of people, for instance old age homes which are excluded to the above mentioned rule.
This other right may seem obvious and straightforward but many people do not know it is a given right to have. This is the right to enjoy “Habitable Premises”, which is the right that the tenant must be provided with healthy living conditions. Though there is no requirement on the landlord to fix the loopholes if they were by the result of the tenant’s sloppiness. You can look forward to these renter rights Los Angeles if you reside in LA.
Another right that most landlords are good at ignoring it despite having the knowledge about it, it is the privacy factor which is also taken for granted in terms of renters rights. The landlord or any of his associate should not enter the home without a before authorization of the tenant.
Though, there are three circumstances that the landlord is allowed to enter the tenant’s dwellings; first in case of repairs, where a notice should be given before to notify the tenant, in case of emergency, where the landlord is permitted to enter the home devoid of the tenants approval and thirdly, once the landlord has issued one or enough notice to the tenant, he/she is allowed to show the property to other prospective buyers or tenants.
Privacy is another factor which is taken for granted in terms of renters rights. Though, most of the landlords have knowledge about this, yet they tend to ignore it big time. Without prior approval of the tenant, landlord or any of his associate cannot enter the home. However, there are three conditions under which a landlord is legally permitted to enter the tenant’s dwellings. Firstly, in case of repairs, when prior notice has been given to the tenant. Secondly, in case of an emergency, a landlord can enter the home without approval of the tenant. Law states that the tenant is necessitated to be contacted and alerted whereby missed calls are not recognized in this case. If you are cautious about renters rights San Diego or even tenant rights San Francisco, then the above pointed out guiding principles are the one to seek and determine your conclusions on. income.
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