Serve Your Eviction Notice in Sacramento

An eviction, also known as an “unlawful detainer,” transpires when a landlord seeks to regain possession of a rental property from a tenant who has violated the terms of the lease agreement. California law delineates specific procedures landlords must follow, including providing adequate notice. Several scenarios may prompt a landlord to initiate eviction proceedings, including:

• Non-payment of rent.
• Lease term expiration without tenant departure.
• Violation of lease provisions.
• Tenant engagement in illegal activities on the premises.
• Substantial damage to the rental property.

An eviction notice is the first step in the eviction process, which formally informs a tenant that their landlord intends to terminate the lease agreement. This written document specifies the reason for eviction, the time allowed for resolving the issue, and the tenant’s rights.

California has no legal requirement for eviction notices to be notarized. However, landlords should ensure the eviction notice includes accurate information and follows relevant laws to prevent potential legal disputes.

Eviction notices must be delivered following guidelines. The acceptable methods for serving an eviction notice include:

• Personal service: Handing the eviction notice directly to the tenant.
• Substitute service: Giving the eviction notice to someone of appropriate age at the tenant’s residence and mailing a copy.
• Posting and mailing: If personal or substitute service is unsuccessful, attach the notice to the rental property entrance and mail a copy to the tenant.

Under California law, several individuals are authorized to deliver eviction notices, such as:

• A licensed process server.
• A local sheriff.
• An individual at least 18 years old and not involved in the unlawful detainer case.

Once the eviction notice has been adequately served, landlords must wait for the specified period before taking further legal action.

The eviction process stops if the tenant rectifies the lease violation within the given time frame. For example, in the case of non-payment, a tenant can prevent eviction by paying the total amount of overdue rent.

If the tenant does not resolve the issue, the landlord can start an unlawful detainer lawsuit. This legal action aims to obtain a court order permitting the eviction and the recovery of unpaid rent.

Both parties present their arguments during a court hearing, usually scheduled within 20 days after the lawsuit is filed. A Writ of Possession is granted if the court rules in favor of the landlord, allowing law enforcement officers to carry out the eviction.

Under California law, tenants have specific rights during the eviction process. In some cases, tenants can seek to reverse an eviction. There are several legal defenses that tenants can use when facing eviction, such as:

• Receiving improper notice or process service.
• Experiencing retaliation from the landlord for exercising tenant rights.
• Facing discrimination based on a protected class.
• Living in uninhabitable conditions due to the landlord’s failure to maintain the property.
• Paying the total amount of overdue rent within the given time frame.

Eviction records are part of the public domain and can be accessed through tenant screening services. An eviction record may make it more difficult for a tenant to find rental housing in the future, as landlords often perform background checks on potential renters. However, tenants can ask the court to seal their eviction records under certain conditions. Reasons for sealing eviction records may include a wrongful eviction filing, a dismissed eviction lawsuit, or a judgment in favor of the tenant. Once sealed, these records are not available to the public.

An eviction can affect a tenant’s credit report, especially if the landlord wins a monetary judgment for unpaid rent. Credit bureaus may include this information in the tenant’s credit file, potentially impacting their credit score. Tenants have the right to challenge any inaccuracies in their credit reports. If an eviction judgment is mistakenly listed on a credit report, the tenant can file a dispute with the relevant credit bureau and provide supporting documentation to correct the error.