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Originally Posted On: https://michelsonattyserv.com/new-home/cracking-the-code-new-california-evictions-laws-for-2023/
We understand how important it’s to keep yourself updated on all the latest regulations around the property world. The California eviction laws for 2023 have been updated, and we’re here to give you a handy rundown on what’s new, so you can navigate any eviction process confidently and legally.
Back to Basics
Firstly, let’s clarify what a valid eviction entails. Recall that as a landlord, you must have a valid reason or “just cause” to evict a tenant. This includes non-payment of rent, lease terms violation, or illegal activities. But, hold it there! You can’t just turn up with a lock and a key; you need to serve a written notice first.
Serve Notice – The Legal Way
The notice must specify the reason for eviction and include a deadline for resolving the issue. The length of the notice period will vary depending on the eviction cause. Starting 2023, landlords will be required to provide an even more detailed written eviction notice, ensuring the process remains transparent and the tenant has an opportunity to address any stated issues.
Eviction Lawsuit – Step by Step
If matters still don’t resolve with the notice, you can proceed with an eviction lawsuit by filing an unlawful detainer lawsuit. The court will then take matters into their hands and determine the outcome. If they rule in your favor, a writ of possession will be issued, granting you the right to retake possession of your property.
The Tenant’s Right
Remember, tenants have rights too. They can contest the eviction, request a jury trial, and challenge the eviction on legal grounds. As a landlord, understanding these rights can help you structure your case more effectively while avoiding any potential legal backlash.
What Are The California Eviction Laws of 2023?
`2023 brings some changes for both tenants and landlords. These include:
1. Eviction Moratorium Extension: For landlords, it’s essential to note that the eviction moratorium has been extended. This provision protects tenants suffering financial hardships due to COVID-19, restricting landlords from evicting tenants who couldn’t pay rent due to these circumstances.
2. Enforced Habitation Standards: Expect a further emphasis on enforcing habitability standards through 2023. You, as a landlord, are required to maintain your rental properties in a safe and habitable condition. Thanks to the 2023 updates, tenants can now request necessary repairs and improvements, which you must address promptly.
What To Expect For 2024?
`2024 will see some previous moratiriams end while introducing some new laws for both tenants and landlords. These include:
1. Rent Increases will resume on Jan 31st, 2023 : For landlords, at the start of February Landlords will regain their right to increase rent in the Los Angeles County.
2. New Residential Security Deposit Rules: With the passage of AB 12, unless a limited exception applies, California landlords who offer for rent a residential dwelling will only be able to receive a security deposit from a tenant in an amount up to equivalent of one month’s rent.
That’s the gist of it, folks! There’s the lowdown on how to go about evictions as we cruise into 2023. As always, remember to consult with a legal professional in case of doubts or to get help tailoring the process to your specific circumstances.
Stay smart, stay legal!
Michelson Attorney Services is a fully licensed process serving firm based in Los Angeles, delivering exceptional services to clients since 1994. Our commitment to quality and professionalism has made us one of the leaders in the industry.
