Quick Answer: Can Landlord Ask Tenant To Move Out?

How can you successfully defend yourself from eviction?

1.

You can defend yourself by filing an Answer to the lawsuit in court.

Special forms are used, which you can get from the Self-Help Assistance & Referral site or the court.

To see if you have a legal defense, read the packet Legal Reasons Why I Should Not Be Evicted..

Can you sue a landlord for emotional distress?

If you’re seeking damages for emotional distress caused by a landlord’s discrimination, or punitive damages for especially blatant and intentional discrimination, a lawsuit may well be your best bet. Understand what’s involved in suing your landlord. You may file a lawsuit in either federal or state court.

When rental lease expires What happens?

When a lease ends, a tenant may choose to move, continue to pay rent as a month-to-month tenant, or sign a new lease. If a tenant continues to pay rent after a lease ends, in most states the terms of the expired lease carry over into a month-to-month tenancy.

Do tenants have to give 60 days notice?

Even though fixed-term leases don’t automatically renew, landlords can still require tenants to provide 60-days notice, prior to the lease end date, of their intent to move out. … The main benefit of asking for 60-days notice is that it guarantees landlords the time to find a new tenant.

How can a tenant delay an eviction?

Filing A Motion To Stay The Summary Eviction OrderA tenant can file a motion to stay at any time after an eviction notice is served. … The court can only stay an eviction order for up to ten days. … Most justice courts allow the tenant to file only one motion to stay in any eviction case.More items…

When can I ask my tenant to move out?

A landlord can simply give you a written notice to move, allowing you 30 days (60 days if you’ve lived in the rental a year or more) as required by California law and specifying the date on which your tenancy will end.

Can a landlord terminate a month to month lease without cause?

No. California law allows an owner to terminate a month-to-month tenancy on 30 or 60 days’ notice WITHOUT providing a reason. … By contrast, if no reason is given, all the owner has to show in court is that the notice was properly serve and the tenant did not move.

Do I have 30 days to move after an eviction?

Your landlord must give you a written Eviction Notice, sometimes called a “Notice To Quit.” If you do not have a lease, the Notice will tell you that you have either 7 days or 30 days to move out.

What do I do if my landlord wants me to move out?

If the tenant objects to the termination notice, but the landlord still wants the tenant to leave, then the landlord can either serve a new termination notice, or apply to terminate the tenancy in court.

What is a hardship stay?

An eviction stay of execution due to hardship under CCP 918 in California may be granted if the tenant satisfies the court that extreme hardship would occur but for the temporary delay. A landlord should oppose the motion and specify why the stay would be prejudicial and harmful to the landlord.

What notice must a landlord give?

Notice periodsLength of tenancyNotice that the landlord must giveLess than 6 months28 days6 months or longer but less than 1 year90 days1 year or longer but less than 3 years120 days3 years or longer but less than 7 years180 days2 more rows

Can a landlord email an eviction notice?

In most jurisdictions throughout the world, landlords who want to see tenants out of the property due to some reason, have to hand them an eviction notice first. … So, if the law allows you to serve the eviction notice by post, now you can do it by email.

Can a landlord ask you to move out for no reason?

By the California Civil Code, a landlord can terminate a month-to-month tenancy for any reason, simply by serving notice. The notice period is either 30 days or 60 days, depending on how long you have occupied the property. The notice does not have to say why the landlord wants you to move out.

Can a landlord ask a tenant to leave?

90-Day Notice to Quit A landlord must use this kind of notice if the tenant is in subsidized housing (Section 8). The landlord must explain why he or she is asking the tenant to move out, and the landlord must have good reasons (“just cause”) to ask the tenant to leave.

How do you politely ask a tenant to move out?

Explain the Situation – Tell your tenant in straightforward terms what the problem is, and explain that they cannot stay on the property any longer. Describe the Consequences – Calmly explain that they will be evicted with necessary court orders if they remain on the property.

How much notice is required to terminate a lease?

The tenant must give 60 days notice before the last day of a tenancy year to be effective on the last day of the tenancy year. The landlord must give 90 days notice before the last day of a tenancy year to be effective on the last day of the tenancy year.