FAQ on Landlord-Tenant Disputes
What is a self-help eviction?
A self-help eviction is where a landlord directly or indirectly tries to influence the tenant to leave the property. This is illegal. The only way to properly evict a tenant is through an unlawful detainer court proceeding.
What is an unlawful detainer?
An unlawful detainer, simply put, is an eviction. You landlord is required to serve a notice to quit upon you before any law suit can be filed to evict you. Your landlord cannot evict you unless their is a judgment for rid of possession.
What is a notice to quit?
A notice to quit is a notice from your landlord to you to do one of the following things:
- A notice to pay rent
- A notice to vacate the premises
- A notice to fix a breach in the lease
This notice to quit must be served before you are served an unlawful detainer or an eviction. There are strict requirements for each of these various notices that your landlord must comply with and if they do not comply then the notice is invalid.
What are the time frames in which a notice to quit must be complied with?
The time frame in which a notice to quit must be complied with can vary depending on several different factors. These factors include what type of lease you have or what type of notice your landlord is seeking to enforce. The time frame can vary between 3, 30, or 60 days.