Can a Tenant Fight a 30 Day Notice California

Eviction protections for unpaid rent during COVID

Starting October 1, 2021, new laws

  • Protect some tenants from evictions for COVID-19 rental debt (unpaid rent or other money due under a rental understanding, like parking fees, that came due between March 1, 2022 and September 30, 2021)
  • Crave landlords to accept extra steps, like use for rental assistance, before they can kickoff an eviction (unlawful detainer) case for unpaid rent
  • Permit a tenant to ask to stop an eviction (unlawful detainer) case based on unpaid rent if they are approved for authorities rental assistance

Get more information well-nigh these laws if y'all're a tenant and owe past due rent or yous are a landlord and your tenant owes rent.

Eviction protections during COVID-19

How the eviction process works

This is a summary of the eviction procedure. A landlord must encounter many legal requirements before they can ask for a court order that says their tenant must move out. There are stride-past-step instructions at the bottom of this page with more details.

illustration of a posted paper form

The landlord gives the tenant a written Notice to do something by a deadline

For instance, a Notice might say to set up a trouble or move out by a certain date. The deadlines tin can be very curt, like 3 days, or months.

illustration of a signed paper form changing hands

The Landlord starts an eviction example in court

If the tenant doesn't do what the Notice says by the deadline, the landlord can file an eviction example (called an unlawful detainer). The landlord must have a re-create of the court papers delivered (served) to the tenant.

illustration of some paper forms with signature

The tenant has a few days to file a response in courtroom

If the tenant doesn't answer past the deadline, the landlord can file papers asking a judge to determine the example without their input. If the tenant does answer, either side can inquire for a trial where a gauge or jury volition decide.

illustration of a judges gavel

The gauge makes a decision

If the landlord wins, they can inquire the judge for papers that tell the sheriff to adios the tenants. The sheriff will postal service a Notice to Vacate and the tenant has time to move out.

A landlord can't just

turn off the power or other utilities, lock a tenant out, or throw out their belongings to get their tenant to move out. If they do, the landlord may have to pay the tenant a penalty.

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Source: https://selfhelp.courts.ca.gov/eviction

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