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Process Explanation

San Diego, California - Tenant Eviction Process

San Diego CA Eviction Attorney Strickland Law Firm PLLC
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Explanation / California - Tenant Eviction Process


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California evictions can be a lengthy process that if not done within the specific confines of the California Eviction Statute can cost you a lot of time, money and aggravation.

If you would like to learn more about how to evict a tenant a Free - California Tenant Eviction Process Explanation is provided at the bottom of this web page.

They also offer a link to Free - California Tenant Eviction Notices & Landlord Forms.

If you have any questions about the California Tenant Eviction Process and how it relates to your specific situation as a landlord or property manager please contact your local San Diego Kick'em Out Quick® Member Eviction Attorney for a Free Initial Consultation.

They are Affordable & Professional and they will evict your non-paying or nuisance tenant(s) just as quickly as the law allows.*

Call Eviction Attorney David A Owens today to discuss your case (619) 234-8460.

And don't forget after your eviction is complete submit your Tenant Collection or Judgment (including Attorney fees) online in the Collection Section of this web site.†
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San Diego California Eviction Process - Overview
The Eviction Process in San Diego County California

San Diego California Eviction Overview

Eviction Services

The Law Office of David A. Owens exclusively represents the interests of landlords in residential and commercial tenancies. Our team of experienced professionals has a proven depth of understanding about the legal and procedural nuances of handling and resolving unlawful detainer and other landlord/tenant disputes, combined with a unique familiarity with the San Diego County Court as to the processing and prosecution of these cases. We provide experienced, professional, and affordable solutions for landlords in San Diego County. www.sdevict.com 

Court Consolidation

Beginning in 2012, with the closure of courtrooms in South Bay and El Cajon, and culminating with the closure of the Vista courtroom dedicated to unlawful detainers in 2017, Landlords’ access to the San Diego Superior Court is now limited to the Central Division located in downtown San Diego at 330 West Broadway, San Diego, CA 92101. This means that a single Civil Business Office and a limited court clerk staff processes every unlawful detainer complaint for real property located from Oceanside in the North County down to the Mexican border and to the east, past Borrego Springs; Julian; and Campo. All limited jurisdiction eviction cases are calendared in a single courtroom with very limited staffing. As a result, it is important for landlords to use experienced legal professionals who are very familiar with the process of prosecuting evictions in a system stressed by budget cuts and ripe with opportunities to add expense and delay to an already, potentially frustrating situation. www.sdevict.com               

http://www.sdcourt.ca.gov/portal/page?_pageid=55,1555709&_dad=portal&_schema=PORTAL

Free Tenant Lawyers

Beginning in 2012, Legal Aid Society of San Diego, Inc. partnered with the Central Division of the San Diego Superior Court to develop and implement The Sargent Shriver Civil Counsel Act, which provides free legal representation to tenants facing eviction. Defendants in unlawful detainer cases are immediately notified by the Court that an unlawful detainer action was filed against them, and they are simultaneously directed to free legal clinics and attorney representation. This program is well funded with a full staff and lawyers who occupy a large office space adjacent to the Civil Business Office inside 330 West Broadway, San Diego, CA 92101, where every eviction case in greater San Diego County is processed and adjudicated. It’s commonplace for judges sitting on the bench in open court, to direct tenant lawyers to meet with unrepresented defendants about free legal representation. As a result of this effort to address perceived inequities in tenant’s access to justice, based on the complexity of the law and disparities between the parties in resources; sophistication; and language proficiency, free tenant lawyers now handle the vast majority of eviction cases filed in San Diego County. Landlords who are interested in avoiding unnecessary cost and delay, should hire experienced lawyers who specialize in these cases and routinely prosecute evictions in this complicated environment. www.sdevict.com

 

The Eviction Process in San Diego County

Step 1: Determine whether an unlawful detainer action should be filed.

My team and I have successfully prosecuted thousands of residential evictions and hundreds of commercial unlawful detainer cases involving real property throughout San Diego County, but more importantly, I’ve resolved thousands of tenant issues for property owners without litigation, by developing communication strategies and instructing property managers how to implement them. We also draft and serve demand notices to facilitate the process. Whether an eviction is required or not, effective communication and informed decisions are the best way for a landlord to avoid unnecessary frustration and expense. Consulting with an experienced legal professional should be the first step in the eviction process. www.sdevict.com

Step 2: Serve a legally adequate notice

If an eviction is required, developing and properly serving the appropriate notice is critical to success. Most unsuccessful eviction cases are lost at this stage. The specific language and factual information that must be contained within any given eviction notice is outcome determinative. In short, if your notice is missing specific information that a relevant statue dictates it must contain, you normally automatically lose your case. It’s called a jurisdictional defect and it is fatal. In addition, serving legal notices that are the basis of an unlawful detainer action is technical, and any failure to strictly comply with the relevant statutes is also normally fatal to your case. Service should be well documented and must be proven as an essential element of any eviction. Using a professional process server, especially one who is specifically experienced with service on tenants, creates a legal presumption that the element of service is satisfied. Even the most experienced Landlord would be wise to get assistance from legal professionals who specialize in unlawful detainers to create and serve these notices. www.sdevict.com

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=1162.

Step 3: File the eviction lawsuit

The paperwork that contains the eviction lawsuit is called a Summons and Complaint–Unlawful Detainer. Once filed with the San Diego Superior Court it is returned for service in about 1 week. Defendants in unlawful detainer cases are immediately notified by the Court that an unlawful detainer action was filed against them, so they often actively avoid personal service of those documents. Nevertheless, service of the eviction lawsuit averages 3-5 days. If the tenant is personally served with the lawsuit paperwork, they have 5 business days to file a responsive pleading. The paperwork that contains the tenant’s response is normally called an Answer-Unlawful Detainer. If the tenant avoids personal service but legal service can be accomplished through sub-service on another adult at the premises, then the respondent has 15 business days to file an Answer. The eviction lawsuit should also include a Prejudgment Claim of Possession which allows the San Diego County Sheriff to facilitate the return of possession of the subject premises as to all unknown occupants, who are allowed 10 business days to identify themselves and file an Answer to the eviction lawsuit. If the named defendants avoid the aforementioned service, then the Court can grant an Order To Post (and mail) the lawsuit paperwork at the premises in about 1 week from any given request. If the Unlawful Detainer is served by OTP, then Defendants have 15 days to file an Answer. Once more, court consolidation and a system stressed by budget cuts is ripe with opportunities to add expense and delay to an already, potentially frustrating situation.  Landlords should hire experienced professionals who have a proven track record of providing effective and affordable eviction services in San Diego County. www.sdevict.com                             

Step 4: Determine whether an Answer was filed

If an Answer is filed, then the matter must be set for trial to obtain a Judgment for possession of the premises, and a Writ of Execution to facilitate a lockout date with the San Diego County Sheriff. The Court will also hear the issue of monetary damages as plead in the Summons and Complaint – Unlawful Detainer. If no Defendant files an Answer in response to the eviction complaint, then the case proceeds through the system without an evidentiary hearing.

Step 5: Request a trial date

After all named Defendants and unknown occupants have either filed an Answer or had default judgments entered against them, a bench trial to prosecute the eviction is requested. That hearing is generally set within 11-20 days of the request. Eviction cases are calendared in a single courtroom at 330 West Broadway, San Diego, with very limited staffing. The Legal Aid Society of San Diego, Inc. supplies free tenant lawyers for day of trial representation to defendants in a majority of eviction cases filed in San Diego County. I’ve prosecuted thousands of eviction cases against all area tenant firms in this jurisdiction and do my best to constantly educate property management how to be informed and effective witnesses and advocates in courtrooms, but sometimes you just need a lawyer. Irrespective of the actual facts of the case, tenant lawyers can use due process to exploit every current weakness in our stressed judicial system, to create expense and delay for Landlords who are simply attempting to regain possession of real property, The wheels of justice can often sound like nails on a chalkboard. For well over a decade, my trial practice has specialized in this exact area of the law. Let me help you get the best result possible for your eviction case. www.sdevict.com

Step 5: …or File a default package

Landlords often feel relieved when Defendants fail to file an Answer in response to an eviction complaint, in truth however, Sheriff lockouts can occur as fast, or potentially faster when matters are set for trial. Tenants sometimes appear in Court on eviction cases attempting to stay the Sheriff lockout, after default judgments are entered against them, but before an actual lockout occurs. These appearances generally happen on an emergency basis with no advanced notice to landlords. Nevertheless, once a default package is submitted, the Court should enter Judgment for possession and issue the associated Writ of Possession in another 2-6 weeks. Ultimately, the eviction process can be an affordable and effective solution for landlords in San Diego County, but unreasonable delays and unacceptable frustrations are reasonably foreseeable for plaintiffs acting without the assistance of an experienced legal professionals. www.sdevict.com


Step 6: Schedule a Sheriff lockout

The Sheriff of San Diego County will post the Writ for possession at the subject premises within 14-21 days of receipt. Lockout is tentatively scheduled for 7-14 days after the Sheriff posts the Writ at the premises. The Sheriff will communicate the tentative lockout date to the designated contact, and call again 1 day prior to the lockout, with their estimated time of arrival. The actual time that the lockout is scheduled to occur, should not be shared with anyone else. The Sheriff has specific requirements and procedures that they follow to the letter when acting in this capacity. The increasingly concentrated volume of cases managed by the Central Division of the San Diego Superior Court has increased the scrutiny applied to these lockouts by the Sheriff. Effective and timely communication with the Sheriff is required for a lockout to be successful. Be safe. www.sdevict.com

 

San Diego Municipal Code Chapter 9: Building, Housing and Sign Regulations

Article 8: Housing
Division 7: Tenants’ Right to Know Regulations

§98.0701 Purpose of Tenants’ Right to Know Regulations

The purpose of these regulations is to promote stability in the San Diego rental housing market and limit adverse impacts on long-term residential tenants displaced and forced to find replacement housing in the expensive and limited San Diego housing market. The regulations protect the rights of long-term residential tenants by limiting grounds for their eviction and requiring landlords to provide notice of such grounds. The rights conferred by these regulations are in addition to any provided in state or federal law.

§98.0702 When Tenants’ Right to Know Regulations Apply

This division applies to the rental of any rental unit (as defined in section 98.0720) in the City except as specifically exempted in section 98.0725.

§98.0720 Definitions

The following definitions apply to the administration and enforcement of this division:

“Condominium” means the same as defined in sections 783 and 1351(f) of the California Civil Code.

“Landlord” means an owner, lessor, sublessor or any other person or entity entitled to offer any residential unit for rent or entitled to receive rent for the use and occupancy of any rental-unit.

“Resident manager” means a person who resides on the premises and is employed to perform or to be responsible for the operation and/or maintenance of the rental-units on the premises.

“Rental-unit” means a room or a group of two or more rooms designed, intended, or used for human habitation. Rental-units include apartments, condominiums, stock cooperatives, single-dwelling units, and hotel units not exempted under section 98.0725.

“Single-dwelling unit” means a single detached structure containing one dwelling unit for human habitation and accessory buildings appurtenant thereto located on a lot or parcel and all housing services provided in connection with the use or occupancy thereof.

“Stock cooperative” means the same as defined in California Business and Professions Code section 11003.2.

“Tenancy” means the right or entitlement of a tenant to use or occupy a rental-unit.

§98.0725 Exemptions

The following shall be exempt from the requirements of this division:
(a) Institutional Facilities. Housing accommodations in any hospital, convent, monastery, extended care facility, asylum, nonprofit home for the aged, fraternity, or sorority house, housing accommodations owned, operated, or managed by a bona fide educational institution for occupancy by its students or rental-units that require intake, case management or counseling and an occupancy agreement as part of the occupation.

(b) Agency Owned or Subsidized Units. Any rental-unit owned, operated, or subsidized by any government agency, and which is therefore subject to substantially similar or greater state or federal eviction controls.

(c) Rooms Rented to Boarders. A rental-unit in which the landlord owns the rental-unit, shares kitchen or bath facilities with the tenants, and also occupies the rental-unit or a unit in the same building as his or her principal residence.

(d) Rental-Units in Hotels, Motels, or Rooming Houses Rented to Transient Guests which do not qualify as Single Room Occupancy Hotel Rooms pursuant to San Diego Municipal Code Chapter 14, Article 3, Division 5.

(e) Mobile Homes. Mobile homes subject to Mobilehome Residency Law (California Civil Code, Chapter 2.5).

(f) Transient occupancies defined by California Civil Code section 1940(b).

§98.0730 Termination of Tenancy

A residential tenancy of more than two years duration shall not be terminated, nor shall its renewal be refused, except for one or more of the following reasons:

(a) Nonpayment of Rent.

(b) Violation of Obligation of Tenancy. The tenant has violated a lawful and material obligation or covenant of the tenancy, except that the following may not be grounds for termination or nonrenewal of a tenancy:
(1) The failure to surrender possession of the rental-unit upon the expiration of a specified term, except as provided in section 98.0730(e);

(c) Nuisance. The tenant is committing a nuisance or permitting a nuisance in, or is causing damage to, the rental-unit or to the appurtenances thereof or to the common areas of the housing complex containing the rental-unit, or is creating an unreasonable interference with the comfort, safety, or enjoyment of any of the other residents of the housing complex.

(d) Illegal Use. The tenant is using or permitting the rental-unit to be used for an illegal purpose.

(e) Refusal to Renew Lease. The tenant who had a written lease or rental agreement which terminated on or after April 26, 2004 has refused, after written request by the landlord, to execute a written extension or renewal thereof within the written period prescribed by the lease or state law for a further term of like duration with similar provisions.
(f) Refusal to Provide Access. The tenant has refused to give the landlord reasonable access to the rental-unit for the purpose of making repairs or improvements, or for the purpose of inspection as permitted or required by the lease or by law, or for the purpose of showing the rental-unit to any prospective purchaser or mortgagee.

(g) Correction of Violations. The landlord, after having obtained all necessary permits from the City of San Diego, seeks to recover possession of the rental unit for necessary repair or construction when removal of the tenant is reasonably necessary to accomplish the repair or construction work.

(h) Withdrawal of Residential Rental Structure from the Rental Market. The landlord intends to withdraw all rental-units in all buildings or structures on a parcel of land from the rental market. Ch. Art.

(i) Owner or Relative Occupancy. The landlord, or his or her spouse, parent, grandparent, brother, sister, child, grandchild (by blood or adoption), or a resident manager plans to occupy the rental unit as their principal residence.

§98.0750 Notice to Tenant

Any landlord who attempts to terminate a tenancy pursuant to any of the grounds set forth in section 98.0730 shall provide the tenant a written notice to quit or terminate which recites the grounds under which the landlord is proceeding. The landlord shall provide the notice prior to or at the same time as the written notice of termination set forth in Civil Code section 1946.1, or a three-day notice described in Code of Civil Procedure sections 1161 and 1161a, is served on the tenant.

§98.0760 Affirmative Defense

In any action by a landlord to recover possession of a rental-unit, the tenant may raise as an affirmative defense any violation or noncompliance with the provisions of this division.

https://docs.sandiego.gov/municode/MuniCodeChapter09/Ch09Art08Division07.pdf

California Civil Code Chapter 2. Hiring of Real Property

§1946.2

(a) Notwithstanding any other law, after a tenant has continuously and lawfully occupied a residential real property for 12 months, the owner of the residential real property shall not terminate the tenancy without just cause, which shall be stated in the written notice to terminate tenancy. If any additional adult tenants are added to the lease before an existing tenant has continuously and lawfully occupied the residential real property for 24 months, then this subdivision shall only apply if either of the following are satisfied:
(1) All of the tenants have continuously and lawfully occupied the residential real property for 12 months or more.
(2) One or more tenants have continuously and lawfully occupied the residential real property for 24 months or more.
(b) For purposes of this section, “just cause” includes either of the following:
(1) At-fault just cause, which is any of the following:
(A) Default in the payment of rent.
(B) A breach of a material term of the lease, as described in paragraph (3) of Section 1161 of the Code of Civil Procedure, including, but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation.
(C) Maintaining, committing, or permitting the maintenance or commission of a nuisance as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
(D) Committing waste as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
(E) The tenant had a written lease that terminated on or after January 1, 2020, and after a written request or demand from the owner, the tenant has refused to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, provided that those terms do not violate this section or any other provision of law.
(F) Criminal activity by the tenant on the residential real property, including any common areas, or any criminal activity or criminal threat, as defined in subdivision (a) of Section 422 of the Penal Code, on or off the residential real property, that is directed at any owner or agent of the owner of the residential real property.
(G) Assigning or subletting the premises in violation of the tenant’s lease, as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
(H) The tenant’s refusal to allow the owner to enter the residential real property as authorized by Sections 1101.5 and 1954 of this code, and Sections 13113.7 and 17926.1 of the Health and Safety Code.
(I) Using the premises for an unlawful purpose as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
(J) The employee, agent, or licensee’s failure to vacate after their termination as an employee, agent, or a licensee as described in paragraph (1) of Section 1161 of the Code of Civil Procedure.
(K) When the tenant fails to deliver possession of the residential real property after providing the owner written notice as provided in Section 1946 of the tenant’s intention to terminate the hiring of the real property, or makes a written offer to surrender that is accepted in writing by the landlord, but fails to deliver possession at the time specified in that written notice as described in paragraph (5) of Section 1161 of the Code of Civil Procedure.
(2) No-fault just cause, which includes any of the following:
(A) (i) Intent to occupy the residential real property by the owner or their spouse, domestic partner, children, grandchildren, parents, or grandparents.
(ii) For leases entered into on or after July 1, 2020, clause (i) shall apply only if the tenant agrees, in writing, to the termination, or if a provision of the lease allows the owner to terminate the lease if the owner, or their spouse, domestic partner, children, grandchildren, parents, or grandparents, unilaterally decides to occupy the residential real property. Addition of a provision allowing the owner to terminate the lease as described in this clause to a new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1).
(B) Withdrawal of the residential real property from the rental market.
(C) (i) The owner complying with any of the following:
(I) An order issued by a government agency or court relating to habitability that necessitates vacating the residential real property.
(II) An order issued by a government agency or court to vacate the residential real property.
(III) A local ordinance that necessitates vacating the residential real property.
(ii) If it is determined by any government agency or court that the tenant is at fault for the condition or conditions triggering the order or need to vacate under clause (i), the tenant shall not be entitled to relocation assistance as outlined in paragraph (3) of subdivision (d).
(D) (i) Intent to demolish or to substantially remodel the residential real property.
(ii) For purposes of this subparagraph, “substantially remodel” means the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or the abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws, that cannot be reasonably accomplished in a safe manner with the tenant in place and that requires the tenant to vacate the residential real property for at least 30 days. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the residential real property vacated, do not qualify as substantial rehabilitation.
(c) Before an owner of residential real property issues a notice to terminate a tenancy for just cause that is a curable lease violation, the owner shall first give notice of the violation to the tenant with an opportunity to cure the violation pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure. If the violation is not cured within the time period set forth in the notice, a three-day notice to quit without an opportunity to cure may thereafter be served to terminate the tenancy.
(d) (1) For a tenancy for which just cause is required to terminate the tenancy under subdivision (a), if an owner of residential real property issues a termination notice based on a no-fault just cause described in paragraph (2) of subdivision (b), the owner shall, regardless of the tenant’s income, at the owner’s option, do one of the following:
(A) Assist the tenant to relocate by providing a direct payment to the tenant as described in paragraph (3).
(B) Waive in writing the payment of rent for the final month of the tenancy, prior to the rent becoming due.
(2) If an owner issues a notice to terminate a tenancy for no-fault just cause, the owner shall notify the tenant of the tenant’s right to relocation assistance or rent waiver pursuant to this section. If the owner elects to waive the rent for the final month of the tenancy as provided in subparagraph (B) of paragraph (1), the notice shall state the amount of rent waived and that no rent is due for the final month of the tenancy.
(3) (A) The amount of relocation assistance or rent waiver shall be equal to one month of the tenant’s rent that was in effect when the owner issued the notice to terminate the tenancy. Any relocation assistance shall be provided within 15 calendar days of service of the notice.
(B) If a tenant fails to vacate after the expiration of the notice to terminate the tenancy, the actual amount of any relocation assistance or rent waiver provided pursuant to this subdivision shall be recoverable as damages in an action to recover possession.
(C) The relocation assistance or rent waiver required by this subdivision shall be credited against any other relocation assistance required by any other law.
(4) An owner’s failure to strictly comply with this subdivision shall render the notice of termination void.
(e) This section shall not apply to the following types of residential real properties or residential circumstances:
(1) Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940.
(2) Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the State Department of Social Services.
(3) Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school.
(4) Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential real property.
(5) Single-family owner-occupied residences, including a residence in which the owner-occupant rents or leases no more than two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit.
(6) A duplex in which the owner occupied one of the units as the owner’s principal place of residence at the beginning of the tenancy, so long as the owner continues in occupancy.
(7) Housing that has been issued a certificate of occupancy within the previous 15 years.
(8) Residential real property that is alienable separate from the title to any other dwelling unit, provided that both of the following apply:
(A) The owner is not any of the following:
(i) A real estate investment trust, as defined in Section 856 of the Internal Revenue Code.
(ii) A corporation.
(iii) A limited liability company in which at least one member is a corporation.
(B) (i) The tenants have been provided written notice that the residential property is exempt from this section using the following statement:

“This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12 (d)(5) and 1946.2 (e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.”

(ii) For a tenancy existing before July 1, 2020, the notice required under clause (i) may, but is not required to, be provided in the rental agreement.
(iii) For any tenancy commenced or renewed on or after July 1, 2020, the notice required under clause (i) must be provided in the rental agreement.
(iv) Addition of a provision containing the notice required under clause (i) to any new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1) of subdivision (b).
(9) Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.
(f) An owner of residential real property subject to this section shall provide notice to the tenant as follows:
(1) For any tenancy commenced or renewed on or after July 1, 2020, as an addendum to the lease or rental agreement, or as a written notice signed by the tenant, with a copy provided to the tenant.
(2) For a tenancy existing prior to July 1, 2020, by written notice to the tenant no later than August 1, 2020, or as an addendum to the lease or rental agreement.
(3) The notification or lease provision shall be in no less than 12-point type, and shall include the following:

“California law limits the amount your rent can be increased. See Section 1947.12 of the Civil Code for more information. California law also provides that after all of the tenants have continuously and lawfully occupied the property for 12 months or more or at least one of the tenants has continuously and lawfully occupied the property for 24 months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy. See Section 1946.2 of the Civil Code for more information.”

The provision of the notice shall be subject to Section 1632.
(g) (1) This section does not apply to the following residential real property:
(A) Residential real property subject to a local ordinance requiring just cause for termination of a residential tenancy adopted on or before September 1, 2019, in which case the local ordinance shall apply.
(B) Residential real property subject to a local ordinance requiring just cause for termination of a residential tenancy adopted or amended after September 1, 2019, that is more protective than this section, in which case the local ordinance shall apply. For purposes of this subparagraph, an ordinance is “more protective” if it meets all of the following criteria:
(i) The just cause for termination of a residential tenancy under the local ordinance is consistent with this section.
(ii) The ordinance further limits the reasons for termination of a residential tenancy, provides for higher relocation assistance amounts, or provides additional tenant protections that are not prohibited by any other provision of law.
(iii) The local government has made a binding finding within their local ordinance that the ordinance is more protective than the provisions of this section.
(2) A residential real property shall not be subject to both a local ordinance requiring just cause for termination of a residential tenancy and this section.
(3) A local ordinance adopted after September 1, 2019, that is less protective than this section shall not be enforced unless this section is repealed.
(h) Any waiver of the rights under this section shall be void as contrary to public policy.
(i) For the purposes of this section, the following definitions shall apply:
(1) “Owner” and “residential real property” have the same meaning as those terms are defined in Section 1954.51.
(2) “Tenancy” means the lawful occupation of residential real property and includes a lease or sublease.
(j) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1946.2.

Other California statutes that effect eviction cases in San Diego County:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=1161

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1946

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1946.1.&lawCode=CIV

 


Disclaimer: The law is constantly changing and there may be times when the information on this web site will not be current. This information is provided for general informational purposes only and is not intended as legal advice. This information is not a comprehensive treatment of the subject and is not a substitute for advice from an attorney.

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San Diego, CA – Tenant Eviction Process | Kick’em Out Quick®

* No representation is made that the quality, competence, speed, or cost of legal services to be provided is greater or less than the quality, competence, speed, or cost of legal services performed by other lawyers in a specified jurisdiction. The cost, speed, and outcome of each legal case depends upon many factors, including but not limited to, the facts of the specific case and the laws and procedures of the jurisdiction in which the case arises. No attorney can guarantee a positive result in any particular case. Kick’em Out Quick® Evictions & Collections, LLC makes no express or implied warranties of any kind or nature regarding the quality, competence, speed, cost or outcome of any particular attorney in any particular case.

This website is for informational purposes only. This website is not intended to create, and does not create, an attorney-client relationship. Sending a question or comment via e-mail, voice mail, fax, SMS, MMS or any other means does not create an attorney-client relationship. Use of this website is not intended to create in any party any rights whatsoever. You should not rely on this website alone for making decisions regarding your legal matters, as that requires an analysis of your specific facts in the context of existing law. It is recommended that you seek legal counsel for such matters.

† All Collections & Judgments are referred to Express Recovery Systems, Inc.
Collection services may not be available in all areas of the country.
Call prior to submitting (801) 486-4182

Kick'em Out Quick® Evictions & Collections makes no representations about the success of the collection.

Collection results may vary based upon the law and procedure of the jurisdiction in which the judgment is obtained and the financial viability of the party against whom you are seeking to collect.

Copyright © 2015. All Rights Reserved by Kick'em Out Quick®, LLC

Legal Disclaimer

KICK‘EM OUT QUICK® EVICTIONS & COLLECTIONS, LLC ON-LINE DIRECTORY LEGAL DISCLAIMER & PRIVACY POLICY ON-LINE DIRECTORY LEGAL DISCLAIMER: No representation is made that the quality, competence, speed, or cost of legal services to be provided is greater or less than the quality, competence, speed, or cost of legal services performed by other lawyers in a specified jurisdiction. The cost, speed, and outcome of each legal case depends upon many factors, including but not limited to, the facts of the specific case and the laws and procedures of the jurisdiction in which the case arises. No attorney can guarantee a positive result in any particular case. Kick’em Out Quick® Evictions & Collections, LLC makes no express or implied warranties of any kind or nature regarding the quality, competence, speed, cost or outcome of any particular attorney in any particular case. This website is for informational purposes only. This website is not intended to create, and does not create, an attorney-client relationship. Sending a question or comment via e-mail, voice mail, fax, SMS, MMS or any other means does not create an attorney-client relationship. Use of this website is not intended to create in any party any rights whatsoever. You should not rely on this website alone for making decisions regarding your legal matters, as that requires an analysis of your specific facts in the context of existing law. It is recommended that you seek legal counsel for such matters. Use of this website is not intended to create in any party any rights whatsoever. You should not rely on this website alone for making decisions regarding your legal matters, as that requires an analysis of your specific facts in the context of existing law. It is recommended that you seek legal counsel for such matters. The content provided on this on-line directory web site is presented as a courtesy to be used only for informational and advertising purposes only and is not represented to be error free. Kick ‘em Out Quick (“KOQ)” makes no representations or warranties of any kind with respect to this site or its content, such representations and warranties being expressly disclaimed. KOQ does not warrant that the functions contained in the material will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Nothing contained in or through the website constitutes, nor is intended to constitute, an offer, inducement, promise, a contract of any kind, legal advice, etc. Moreover, KOQ does not represent or warrant that the content of its website is accurate, complete or current for any specific or particular purpose or application. It is not intended to provide nor should anyone consider that it provides legal, accounting, tax or other advice. Such advice should only be rendered in reference to the particular facts and circumstances appropriate to each situation. KOQ encourages you to contact appropriate professional(s) and consultant(s) to assess your specific needs and circumstances and to render such advice accordingly. In addition, KOQ is not endorsing or recommending the use of the means or methods contained on or through this site for any special or particular purpose. In addition, any links to non-KOQ information or references to unaffiliated organizations, businesses, attorneys, etc. are provided as a courtesy and convenience to browsers. Such links and references are not intended to, nor do they constitute, an endorsement of the linked materials or the referenced organizations, businesses, attorneys, etc. by KOQ. The content and views on such links and of such organizations are solely their own and do not necessarily reflect those of KOQ, or the organizations' officers, directors or associates. In no event will KOQ or any of its officers, directors or associates be liable for any damages -- whether direct, indirect, special, general, consequential, for alleged lost profits, or otherwise - that might result from any use of or reliance on these materials. † All Collections & Judgments are referred to Express Recovery Systems, Inc. Collection services may not be available in all areas of the country.  Call prior to submitting (801) 486-4182 Kick'em Out Quick® Evictions & Collections makes no representations about the success of the collection. Collection results may vary based upon the law and procedure of the jurisdiction in which the judgment is obtained and the financial viability of the party against whom you are seeking to collect. ON-LINE DIRECTORY PRIVACY POLICY: Kick’em Out Quick® Evictions & Collections, LLC takes your privacy seriously. This privacy policy describes what personal information we collect and how we use it. Routine Information Collection All web servers track basic information about their visitors. This information includes, but is not limited to, IP addresses, browser details, timestamps and referring pages. None of this information can personally identify specific visitors to this site. The information is tracked for routine administration and maintenance purposes. Cookies and Web Beacons Where necessary, Kick’em Out Quick® Evictions & Collections, LLC uses cookies to store information about a visitor's preferences and history in order to better serve the visitor and/or present the visitor with customized content. 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Learn how to opt out of Google's cookie usage. As mentioned above, any tracking done by Google through cookies and other mechanisms is subject to Google's own privacy policies. Contact Information Concerns or questions about this privacy policy can be directed to Duncan@Kickemoutquick.com for further clarification.