Long Beach Eviction Attorney
On this page you will find answers to some of the most frequently asked
questions I receive from the California landlords I work with as a
Long Beach eviction lawyer. The laws governing tenancy in the state of California can be complicated,
and many landlords are unsure of their rights. In light of this, I am
committed to providing information to my clients so that they can be aware
of where they stand and how to protect themselves legally. For answers
to any follow-up questions you may have after reading this page - or for
legal advice and representation in an eviction proceeding as a landlord
or a tenant -
call Eviction Law Group and request a consultation today.
How long does it take to evict a tenant?
The key to an expedited eviction process is to retain a knowledgeable
and aggressive attorney who will prioritize your situation and file the
necessary paperwork right away. After the eviction notice has been served
and received, there will be a certain waiting period. This time gap allows
the tenant to file an answer in court, should he or she choose to do so.
The waiting period could be 30 days, 60 days, 90 days, or just 3 days.
If the tenant does not file a response, this is considered an uncontested
case and the eviction will move forward quickly. If the tenant does file
an answer with the court, you and / or your lawyer will need to show up
for a court date. Even a contested eviction generally moves much more
quickly than most other court processes. With a good lawyer on your side,
you should not have to wait long before the sheriff reclaims the property
in your name and turns possession over to you.
Can I lock a tenant out or shut off their utilities for refusing to pay rent?
No. "Self-help eviction" is absolutely against the law and could
mean a lawsuit from the tenant. The sheriff, however, can lock the tenant
out of your property if you win an unlawful detainer action. Schedule
a consultation with a Long Beach eviction lawyer to learn more.
What if I am unable to locate my commercial tenant to serve him / her the
If you cannot find the resident or a responsible representative such as
an overseer or business manager, you may post the eviction notice to the
door of the building. Then, send a copy of the notice to your tenant by
certified mail with return receipt requested.
Are there other lawful reasons to evict a tenant besides failure to pay rent?
There are many justifiable reasons to serve a 3-day notice to quit. Some
of these reasons include, but are not limited to:
- Your tenant violates the terms of your lease or rental agreement, such
as by smoking or keeping a pet or an endangered animal
- Your tenant fails to pay his or her rent on time
- Your tenant is conducting illegal activity on his or her property, such
as cultivating or selling illegal drugs
- Your tenant has significantly damaged the property
- Your tenant is a disturbance to other tenants
My tenant filed for bankruptcy after I initiated the eviction process.
What are my options?
Your attorney should quickly obtain a "motion for relief from automatic
stay" from the bankruptcy court. This order will allow you to continue
the eviction process. In most cases, landlords are able to obtain relief
from automatic stay in these situations.
How do I know whether I must serve a 30-day notice, 60-day notice, or 90-day notice?
If the tenant has lived on the property for more than 12 months, you must
provide a 60-day notice in writing. If the tenant has lived there less
than 12 months, a 30-day notice is all that is required. The 90-day notice
is for a tenant in any form of federally subsidized housing.
Can I sue an evicted tenant for severe property damage?
Yes you can. It is very important to keep good documentation of all the
damage incurred on the property and the expenses you paid to have it repaired.
You should also have any documents pertaining to the original security
deposit accounting. It is wise to begin the proceeding as soon as possible
in order to ensure that your rights are protected and you are able to
collect the money you deserve. Contact my Long Beach office to schedule
a consultation and learn more about your options in this scenario.