Here’s the problem, everyone is using the wrong word. It’s not an eviction. It is a termination of tenancy. Let me explain:
- An actual eviction means that you have not paid rent or are in violation of your lease.
- It is a legal action
- It takes 3-6 months (unless during a pandemic in which case it takes years)
- You are served legal notices- Notice To Quit
- You are legally served a summons to court
- You respond to the summons either written or in actual court
- The court rules on a legal eviction
- It goes on your credit report
- You receive legal lock out notice
- You are literally locked out by the sheriff
Termination of Tenancy
In general, in California you must provide a resident with notice to vacate.
- If you are on a month to month lease your housing provider or homeowner can give you a 60-day notice to vacate.
- If you have lived in a residence for more than a year you must be given a 60 day notice.
- If you have lived there for less than a year, you must be given a 30 day notice.
- Section 8 Residents must be given a 90 day notice to vacate.
Just Cause Reasons
In many cities you cannot simply ask a resident to leave, you must provide just cause. Like in San Diego for example. Here are the many reasons to terminate tenancy:
- nonpayment of rent
- a breach of a material term of the lease (if the breach is curable, we must give the tenant the opportunity to “cure” or fix the violation)
- allowing or causing a nuisance on the property
- committing waste
- criminal activity
- unauthorized subletting or assigning
- using the rental for an unlawful purpose.
Just cause also includes no-fault reasons, such as:
- the landlord’s intent to move themselves or immediate family into the rental
- removal of the property from the rental market, and
- intent to demolish or substantially remodel the property.
As you can see receiving a termination of tenancy notice is NOT an eviction. Using the correct language is important to keep the peace between two traditional adversaries. Homeowners should have rights to their properties. They should be able to move back in if they want to. Likewise, residents should have ample time and ability to move.
Either way, if you are being evicted you know it.
*Legal Disclaimer- this is not legal advice. All information may be subject to change. Please consult an attorney.*
October 7, 2022 at 1:57 pm
This is an excellent article. There are words that can evoke emotion. Misunderstood words that evoke fear, mistrust and historical context surrounding adversaries no longer valid under the law of the land or the intent of the parties.
In today’s world we expect journalism to follow the ethics of the honorable profession it is. We expect legal real estate contracts to contain verbiage that clarifies responsibilities for parties. We expect less from opinions of social media, internet, local press and politicians trying to create buzz or acceptance of an alternative to proven business requirements.
Resolving communication challenges between necessary parties in real time is exactly what FBS has done reliably for 50 years. We call it RentSense and it is rare.
October 10, 2022 at 1:50 pm
Wow this is a wonderful summation of no-fault reasoning and termination of leases.
October 15, 2022 at 7:03 pm
For “no-fault” terminations, does it make a difference if it is a lease or month to month?