What is the process of tenant eviction?

The process of tenant eviction in California is generally a complex process. It typically starts with the landlord issuing a written notice, with information about the lease violation, to the tenant. The notice must include a “just cause” for eviction, such as failure to pay the rent, breaking the terms of the lease agreement, causing damage to the property, or engaging in illegal activity on the premises. The tenant then has three options: cure the violation, move out voluntarily, or contest the eviction. If they choose to contest, they can file a response with the court. The court will then consider both sides of the case and issue a decision. If the court decides that the eviction is legal, then the landlord may file an unlawful detainer action with the court. The tenant will then receive the summons to appear in court for the unlawful detainer trial. Once the tenant has been found in violation of the lease agreement, the court will issue a writ of possession, which orders the tenant to vacate the property. The tenant must comply with the court’s order within five days or face legal action from the landlord. If the tenant still refuses to leave, the landlord may also hire a licensed locksmith to change the locks and remove their property. After the tenant has been evicted, the landlord can collect unpaid rent or damages due according to California law.

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