3 Ways to Stop an Eviction in California
- February 18, 2021
Rental history is an important factor when applying for a new apartment. Most landlords or management companies take into consideration a negative rental history, especially when a tenant has been previously evicted.
An eviction happens when a landlord forces a tenant out of rental space for not complying with some of the clauses mentioned in the lease agreement. The eviction is reflected in court records and they are mostly available to the public, so the best thing for a tenant would be to find a solution on how to avoid eviction.
In California, the eviction process can take between 30-45 days and it starts from when eviction court forms are delivered to the tenant, but the good news is that there are many ways to stop an eviction notice. What is more, a tenant can rent out an apartment even after an eviction and we gathered the best tips on how to do it. Evictions aren’t fun no matter where you live or the reason for being evicted. What’s important to understand is that just because a landlord wants to evict you and sends you paperwork it doesn’t mean that it’s a legal eviction or that you have no options to stop it. You may want to extend the time for eviction so that you have more time to find a new place to live, you may also want to dispute the reason for eviction, or you may want to stop an illegal eviction and stay in your house.
Whatever the case, you can’t ignore an eviction notice, and you must take action to stop an eviction in California, whether it’s legal or not. Listed below are 3 ways to stop an eviction in California. However, if you’re still confused or need help after reading these options, you can Contact us for professional assistance.
How Does an Eviction Notice Work?
A landlord can evict you legally by issuing you a notice to perform a specific action, such as paying your rent, moving out, or fixing a violation of your rental agreement. For example, perhaps you’re not allowed to have pets, and your landlord has found you have 4 cats.
If you fail to do what the landlord requests, they can file a lawsuit in an effort to evict you from the property. Once received, you’ll have 5 days to respond; otherwise, you forfeit your rights to respond, and eviction will commence.
A landlord CAN NOT personally remove you or your property from the home; they must use a sheriff to perform the actual eviction once they have won the eviction law suit.
Can You Stop an Eviction Notice?
When receiving an eviction notice, the first question is, can you stop an eviction notice? At any point, your landlord can send you a notice of eviction, and you need to determine whether it’s valid and you will leave within that timeframe or whether you want to fight for more time or fight to stay in the home.
The quick answer is that it’s possible to stop an eviction notice at least for a short time until everything is sorted out.
How Can You Respond To An Eviction Lawsuit?
Without a proper response to an eviction lawsuit, it’s going to be quick, and you’re going to lose, so determine why you’re responding and why the eviction is invalid.
- You can claim that the landlord didn’t follow the proper procedure for providing you with the eviction notice. They have certain responsibilities, such as the information that must be provided on the form and how it’s delivered to you.
- Eviction notices must be handed to you personally or tacked to your door in an obvious location.
- If rent is due, the landlord must state how much rent is due and how it can be paid.
- If the landlord hasn’t been maintaining the property to appropriate standards, such as having hot water, or if the roof is leaking, then you can withhold rent until the landlord remedies the situation.
- You will need to provide proof that the landlord hasn’t been living up to their obligations and that you’ve been holding the rent ready to be paid once those obligations have been met.
- If you feel and have proof that the landlord is evicting you for discriminatory reasons, then you can provide those to the court and have the eviction notice squashed.
3 Ways to Stop an Eviction Notice
To stop an eviction notice in California, you must respond to the notice in some way; by not responding and ignoring the notice, you will be evicted, and once that process completes, you don’t have many options aside from finding a new place to live.
Fix the Problem
If your landlord has issued an eviction notice with cause, then technically, they want you to do something. While you may not want to do it, if you know that it’s a valid request, you can stop some forms of eviction by simply fixing the problem.
If you need to pay rent, you can pay your rent, and the eviction notice can’t progress. Be careful of continuous late or failed payments on your rent, or it can become a bigger issue that can’t be stopped later.
If you’re violating terms of your rental agreement, such as having pets, you will need to remove your pet from the property, such as having the pet stay with friends or relatives until you can find a longer-term solution.
Talk to the Landlord
Depending on the reason for your eviction, you may be able to talk to the landlord and resolve the issue, or you may be able to request more time so that you can find a new place to live.
You can talk to the landlord directly or use a mediation service; many cities offer low-cost or, in some cases, free mediation for eviction disputes.
If you’re late on rent, then you can try to work out a payment plan that brings you back up to speed. If you’ve been a good tenant in the past and recently fell on hard times, it may be in the landlord’s interest to keep you as a tenant, but you need to set up the payment plan with dates where you must complete payment.
You may find that the landlord wants you gone, but you can negotiate a longer period before you must leave so that you’ve got a chance to find a new home. Your landlord may accept this as it requires less effort on their part simply for giving you an extra month to find a new home.
Respond to the Lawsuit
If you believe the eviction notice is invalid or you’re looking for extra time, then you can respond to the lawsuit and take your grievances or issues to court.
At a minimum, by responding to the lawsuit, you can extend the time before you must leave the home, which can be enough to let you find a new home. However, if you owe rent and go to court, you’re likely still responsible for paying that rent.
How Can I Stop an Eviction in California?
Because the eviction process can happen quickly, and you may not have the time, resources, or even understanding to deal with the issue, you will want to get professional assistance to help fight the eviction. At Stop Eviction Consultants we are your ideal alternative to taking on a landlord by yourself. We can help you get the best result possible and help you stop your eviction. Please, call us today for more information.