California – Eviction Process – Landlord & Rental Workflow

Background

As I came home on Tuesday evening, ran into a lady.  She was reading a self help book and I asked what it was about.

And, she replied something along the lines of finding happiness.

I dug a bit deeper as to whether it really works and she enthused yes.

During the long commute I was touched by her resiliency.

 

Areas Touched On

Areas she shared included:

  1. The book she was reading was one she gave her mother about 9 to 10 years ago.  Her mother was threading those final days of inoperable cancer
  2. Watching a childhood friend fight through Alcohol Abuse; A working alcoholic who finally hit rock bottom and checked himself into rehab.  And, how now he is doing far better.
  3. Counting the days till the conclusion of a “60-Days Notice to Vacate” she gave a tenant

 

Spiritual Journey

I personally do not like to approach hard places without some spiritual covering and so here we go.

 

Community of Faith

At my place of worship we participate with other faith communities and host Winter Relief.

In partnership with Social Organizations in our area, we host overnight stay for homeless people for about a month.

This is an essential service during the raining winter months.

 

Pray & Fast

Unless you really have to, do not do anything without praying and fasting.

 

Counseling

Live a life open and worthy of counseling.

People intuitively know when you are lying and hiding things from them.

And, they will only try to help you through coaching a few times.

 

Bible Verses

  1. Without counsel purposes are disappointed, but in the multitude of counsellors they are established ( Proverbs 15:22 )
  2. For through wise counsel you will wage your war, and victory lies in an abundance of advisors ( Proverbs 24:6 )
  3. And the king of Israel answered, “Tell him, ‘Let not him who straps on his armor, boast himself as he who takes it off.'” ( 1 Kings 20:11 )

 

Eviction Process

Each of the areas she touched on are worthy of several postings.

But, for the sake of brevity let us lean into the Eviction Process.

 

Judicial Branch Web Site

In modern societies, the court system is there to protect it citizens and residents.

And, so please educate yourself.

As her property is in California she will visit the web site for California Courts.

The URL for that website is here.

The are a couple of sections and those are:

  1. Self-Help>Eviction & Housing>Eviction >Eviction: Landlords
    Link
  2. Self-Help>Eviction & Housing>Eviction >Eviction: Tenants
    Link
  3. Self-Help>Eviction & Housing>Eviction >Eviction: Notices
    Link

 

Eviction: Landlords

Here is the workflow for Landlords…

eviction-landlord

 

Eviction: Notices

The first step the LandLord has to take is give the rental notice.

Notice Length

In summary, the length of the notice depends on how long the rental has been living at the residence and whether it is a government subsidized rental.

As a summarized breakdown:

  1. Non-Subsidized
    • If the rental agreement has been in place for a year or less, one can give a 30 day notice
    • On the other hand if the agreement has gone beyond the first year, one will need to give a 60 day notice
  2. Subsidized
    • If it is a Government Subsidized rental,  one will need to give a 90 day notice
Sample Notices

If one googles on “Notices for Rentals in California” one will find quite a bit of matches.

Some of them are plagued with advertisements and so I have listed the links for some of the ones that are direct and efficient here.

  1. University of California, Santa Cruz – Community Rentals
    Link
  2. 60-Day Notice to vacate
    Link

 

Forms

If the rental does not leave and it has gone beyond your grace terms, you will have to approach the Court and actually file an “Unlawful Detainer” Form.

To start the unlawful detainer case, you have to fill out 3 court forms:

  1. Summons – Unlawful Detainer-Eviction (Form SUM-130)
    Link
  2. Complaint – Unlawful Detainer (Form UD-100 )
    Link
  3. Civil Case Cover Sheet (Form CM-010)
    Link

 

Eviction: Tenants

Here is the workflow for Tenants…

eviction-tenant

 

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