Eviction in California when can we start the process

5 Replies

Have a tenant who has not paid the full rent due to Covid-19.. Military family andHusband died early last year of heart complications. Veteran . Wife is also a Veteran with 3 kids one in College now . She has been renting over 3 yrs now. On rental contract states no pets. And now come to find out has like 4 or more cats on premises .. indoor cats. Found out when her AC went out and had it fixed. The property smelled like cat urine throughout the home. Can I evict them due to unhealthy situation. Also has late water bill and city wants to attach it to my Home thru a lien. ( water bill is aprox. $400)

She gave me a verbal notice that she was moving out June 2020. But supposedly due to Covid she did not. And now forward a 1yr+ and still has not moved out. Any suggestions

@Armando Gomez you can start at the end of the month.  Have you applied for any government assistance for back rent?  If not go to the State website for details.  They may direct you back to the City that the property is in, but fill out the information.

Good Investing...

I think you could have evicted based on breaking the lease with no pets clause already. I would of tried that route already way back if she hasn't been paying either. 

This is why an experienced property management company is worth the small cost they charge. They keep updated with all the current moratorium restrictions (which have been changing every few months) and can serve the proper notices and have connections with attorneys that can start the eviction proceedings if it ends up getting to that point. My understanding is that if you have "cause" to evict, like a breach of the lease terms, you should be able to serve a 3 day notice to cure based on the cat situation. You used to have "good cause" for not paying the full rent amount, but right now the moratorium makes that really complicated. Anyway, if they get rid of all the cats within 3 days, you might be stuck and have to go through a "no cause" which will require a lot longer notice period, but if they don't get rid of the cats in 3 days, then you should have grounds to evict at that point.

Unless you have a good property management company already, I would suggest speaking with a local lawyer that specializes in evictions. They need to be local to the property because they may need to appear in court if it gets that far. But essentially after proper notice is given and not cured, you can file the "unlawful detainer" paperwork, serve that properly on the tenant, go to mediation if your jurisdiction requires that (mine does, it's mandatory and eliminates 90% of cases going to trial), then go to trial if it's not settled and they haven't moved out yet. Most of the time, they'll move out somewhere in the middle of this whole process and you just drop the lawsuit and everybody moves on with their lives. Good luck!

Hi @Armando Gomez , unless you have attempted the government assistance and they denied the tenant for the program you will have to attempt this first. Even then it will be extremely difficult to do anything about back rents that accumulated during the tenant protections. Eviction courts are processing evictions that are for non payment related issues so if you have solid evidence that there are pets in the home ( photos most likely, or something in writing from the tenant acknowledging the pets ) you may be able to make progress in that way if the lease specifically states that no pets are allowed.