California Eviction Legal Process

Summary

In California, landlords must provide a written eviction notice and obtain a court order to legally evict tenants. A simple letter without court filing is not valid. Even if you live with the landlord or have no written agreement, the legal process remains the same. Power of attorney does not alter these requirements. Without a court order, you cannot be forced to leave, and police typically wont intervene. Always consult a local attorney for specific legal advice.

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Eviction
I'm sorry to hear about your situation, Keysha. Could you please tell me where you are located so that I can provide you with the most accurate legal information?
California
Hello Keysha, in California:
- Landlords must provide written notice of eviction.
- They can't evict without proper court order.
- You have the right to fight eviction in court.
Could you tell me more about the eviction notice you received?
It wasnt filed in a court
If your eviction notice wasn't filed in court, it may not be valid. In California:
- Eviction notices must be legally served.
- Landlords must file an unlawful detainer lawsuit in court.
- Until a court order is granted, tenants cannot be removed from the property.
They gave us a letter 2 months ago but nothing they had filed
If the landlord hasn't filed an eviction notice in court, they haven't started the legal eviction process. In California:
- Giving a letter doesn't count as a legal eviction.
- You can stay until a court order is issued.
- Consult a local attorney for assistance.
If the tenant and landlord live in the same house, does anything change once an eviction is served?
In California:
- Eviction laws apply similarly whether a landlord and tenant live together or not.
- Landlords must still serve a proper notice and obtain a court order.
- However, shared living situations may have unique lease terms, so review your agreement.
We dont have an agreement
Even without a written agreement, your landlord must follow California eviction laws:
- They must serve a proper eviction notice.
- They must obtain a court order to evict you.
- Verbal or implied arrangements also hold legal weight.
What if the person we live with is my boyfriends mom
In California:
- The process remains the same, even if the landlord is a family member.
- They must serve a proper notice and obtain a court order to evict.
- Family or personal relationships do not change legal requirements.
And the mom has given someone else power of attorney
In California:
- Power of attorney doesn't change eviction process.
- The person with power of attorney must follow the same legal steps.
- They must serve a proper notice and obtain a court order to evict.
So a letter saying we have 60 days isnt legal unless its filed in court and stamped correct?
In California:
- A *-day notice is part of the legal process, but eviction isn't valid until court-ordered.
- Legal eviction requires proper notice, lawsuit filing, and court order.
- Always consult a local attorney for precise legal advice.
But we dont have to leave yet? We are worried they are going to call the cops and try to make us leave
In California:
- Without a court order, you can't be forced to leave.
- Cops typically don't intervene without a court order.
- If threatened, seek legal advice immediately.
Ok thanks
You're welcome, Keysha! Remember, you have rights as a tenant. Don't hesitate to seek legal advice if you feel threatened or unsure. Stay informed and take care.