Laws for Quicker Evictions

#californiaevictionlaws #realestateattorney

There are other statutes that allow other quicker types of evictions. For example, if illegal activity is being conducted in the property – drug sales, sometimes prostitution, the owner needs to give only a 3-day notice of termination of tenancy. There is no curing, it’s a breach. Once the illegal activity is found and there is evidence to be able to prove it the tenancy is automatically terminated by the tenants' conduct. After the 3rd day is up, on the 4th day the owner can file their eviction action.

Other types of notices besides the 30 and 60-day notice in other situations might be a 3-day notice to cure a breach of a covenant in a rental agreement and get out. For example, if there were a rental agreement with a relative and they were violating a provision in the rental agreement the owner could give the tenant a 3-day notice to cure that breach of a covenant. A covenant it a promise. They need to cure that covenant or get out. If the breach is cured, in other words, remedied, then the tenancy continues. If it is not cured than an eviction action can be filed on the 4th day. The first day after the 3-day notice expires.

In a situation with a relative living in the property, generally, there is not a rental agreement so you would not be using a 3-day notice to cure a breach of covenant. You would simply be using a 30-day or 60-day notice or if Section 8 were involved a 90-day notice.

What if illegal activity is suspected but there is no proof?
As an attorney I would have to counsel the owner that there is a risk in proceeding on a 3 day notice that is non-curable under those circumstances because if you end up having to go to trial because the tenant files an answer to the complaint the burden is on the plaintiff, the owner filing the complaint to prove the elements of their case. You have to have proof that there is illegal activity is being conducted at the property. Sometimes that is difficult. If you have a witness that has observed it, a third non-party witness that has observed it then it is certainly easier to do that. But without a witness, if it is simply he said, she said situation, I would never advise an owner to proceed on that type of notice. Because he said, she said, is simply 50/50. That is not sufficient proof to prove a plaintiff’s case in an unlawful detainer action. There has to be what is called a preponderance of evidence showing, meaning that it is more likely than not.

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Kathleen Daniels specializes in probate and trusts real estate sales. She experiences many situations where a successor trustee, executor or administrator of an estate need to hire an attorney to evict a tenant, often times it is a relative before they can list the home for sale.