Due to COVID-19 the State of California passed AB 3088 which effects eviction services throughout California, until June 30, 2021. Various changes have been made to the eviction process due to AB 3088, such as new requirements for eviction notices, new mandatory courts forms & various new rules in regards to non-payment of rent evictions cases.
This is the most common reason for eviction. If your tenant(s) fails to pay the rent in full by the agreed upon date you can evict after proper notice has been served and the days have expired. Many tenants take advantage of the situation and will stay at the premises for free as long as they can. It is important that Landlords and Property Owners don’t procrastinate when a tenant is in default of the rent. It can cost Landlords and Owners multiple months of rent, damage to the property, as well as countless other things that can happen too. Please note, the addition of AB 3088 has temporarily added new rules and requirements regarding eviction notices for non-payment of rent evictions until June 30, 2021.
Landlords and Property Owners with a month-to-month tenancy can serve a 30 or 60 day Notice of Termination of Tenancy as long as all “just cause” laws are met. If the tenant(s) fail to comply with a 30 or 60 day notice and “just cause” laws have been satisfied you can proceed with an unlawful detainer to evict the tenant. Please note, with current “just cause” ordinances in place throughout the State of California and the addition of AB-1482, Landlords and Property Owners need to be careful and be sure to satisfy the requirements. If you pursue an eviction and the “just cause” requirements are not satisfied your case can be dismissed and you may end up wasting your time and money, and inevitably would need to start the process over. Please note, the addition of AB 3088 has temporarily added new rules and requirements regarding eviction notices for no fault evictions until June 30, 2021.
If the tenant(s) is breaking the lease or rental agreement and the problem(s) can be fixed the Landlord or Property Owner can serve a 3-Day Notice To Cure Or Quit, which gives the tenant(s) 3 days to correct the violations. If the tenant(s) fails to correct the breaches within 3 days than the Landlord or Property Owner is within their right to move forward with the eviction lawsuit. Common breaches include: alterations to the property, excessive trash or debris around the property, subletting, pets, and the list goes on. Please note, the addition of AB 3088 has temporarily added new rules and requirements regarding eviction notices for breach of contract through June 30, 2021.
A 3-day notice to quit is permissible If the tenant(s) is causing a nuisance on the property, engaging in illegal activity on the property, is threatening the health and safety of other tenants or the general public, or commits waste that lowers the value of the property significantly. These are your more serious situations and Landlords & Property Owners need to take these type of tenant(s) very seriously as liability can sometimes land on the property owner.
AB 1482 directly effects the eviction service process, which in turn effects all Landlords and Property Owners. The bill puts new just cause requirements in place for residential rental properties and rent caps on how much a landlord can increase the rental amount.