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You’ve Got Questions. We’ve Got Answers.
Q: How Long Does the Eviction Process Take in California?
A: The length of the eviction process depends on the specific circumstances of the case. If the tenant does not contest the eviction, the process typically moves more quickly. However, if the tenant believes the eviction is unlawful and chooses to dispute it in court, it may take longer. Delays can also occur due to procedural errors or a congested court schedule.
Q: Can a Tenant Legally Challenge an Eviction in California?
A: Yes, tenants have the legal right to contest an eviction, and they can do so even if they have little or no evidence to support their defense. A tenant may not prevail, but them contesting the case will increase the time to recover possession. Common defenses to eviction include showing that the notice was not legally proper, presenting written communications with the landlord that vary from the lease terms, or submitting photos that demonstrate uninhabitable living conditions. If the court finds the tenant's evidence credible and compelling, the eviction may be denied, allowing the tenant to remain in the home.
Q: Do Tenants Get 30 Days to Vacate After an Eviction in California?
A: Once the court approves a landlord’s eviction request by entering a judgment, the tenant typically has far less than thirty days to move out. The law requires the sheriff to post a minimum five-day notice to vacate, and if the tenant fails to vacate within that time, law enforcement may be called to carry out the eviction.
Q: Can I Evict a Tenant Without Going to Court?
A: Once the court approves a landlord’s eviction request by entering a judgment, the tenant typically has far less than thirty days to move out. The law requires the sheriff to post a minimum five-day notice to vacate, and if the tenant fails to vacate within that time, law enforcement may be called to carry out the eviction.
If you're navigating the eviction process in California and need legal support, the Rothbard Law Group, LLC is here to help. Our team understands the complexities of eviction law and is ready to put our experience to work for you. Reach out today to get started.