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How To Stop an Eviction

At Stop Foreclosure California, a common question that our client’s ask us is how to stop an eviction here in Southern California? This will depend on the nature of your specific circumstances in many cases. Under California law, there are a number of reasons that a landlord can evict someone to include failing to pay rent or violating terms of your lease. There are a number of approaches that we can take to either postpone the eviction or even stop it all together. The first step comes from understanding the eviction notice and basis that your landlord is taking action. If you are going to get evicted, you will receive a written notice stating the reason for eviction and timeframe to comply with the notice or moving out. In California, there are four different types of eviction notice depending on the reason for the eviction. These include the three-day notice to pay rent, three-day notice to cure, three day unconditional quit notice, and a 30 or 60 day notice to quit. When you are looking to stop eviction now, then understanding your notice is the first step. The three-day notice to cure is direction from your landlord to fix a lease violation, where the three-day unconditional quit notice means they want you to move out of the home or rental unit within three days. A 30- or 60-day notice to quit is only given if you have a month-to-month lease or rental agreement. If you have been in the home for less than a year then you will receive the 30-day notice, whereas living there for more than a year will entitle you to a 60-day notice to quit. One item to keep in mind is that no matter how “nice” your landlord might be, an eviction is a legal proceeding and you are not automatically kicked out of your home once the timeframe in the notice runs out. If you fail to comply with it, the landlord can go to court to file the appropriate paperwork to start the lawsuit against you. Depending on how busy the courts might be this could take anywhere from a single week to months to have a hearing. If you do remain living in the property, then you will still be required to pay rent until you move out. There are some negative consequences to being evicted beyond losing your home. It can impact your credit report and also adversely keep you from finding a future rental. If you have any questions regarding the process here in the state of California, please give our team a call today.