Eviction can happen to any one of us. It is possible rent is not paid for a variety of reasons. Losing a job, high medical bills, lesser money coming in and even a dispute with the landlord can lead down the path to eviction. Los Angeles and Long Beach adhere to the strict guidelines of the State of California concerning how a landlord and tenant must act.
Eviction Law Basics
Eviction is a legal action. It involves the landlord serving notice for a legitimate reason to the tenant. Under California law, eviction is not and never can be an arbitrary action on behalf of the landlord. He or she cannot move to evict because of color, race, or personal dislike. Basic steps must be undertaken before the landlord can move to evict.
Under the law of California, an eviction in Long Beach or Los Angeles must begin with an early notice to the tenant of ending the lease or agreement. The giving of notice to the tenant also follows a prescribed course according to the agreement and California law. This is followed up by filing in the court the forms for an unlawful detainer. Failure to follow any of these steps correctly results in adverse consequences to the landlord – or tenant, depending upon who is at fault. Only if the landlord is successful can he or she move to the next phase – a Writ of Possession.
With this in hand, the landlord or court can arrange for the Sheriff to arrive to evict the tenant. First, however, the tenant is granted five days to vacate the premises. Failure to comply can result in further charges and physical removal. If you do leave by the allotted time granted or before, what happens if you have left personal possessions behind?
What Happens To Personal Possessions?
If the tenant leaves behind any of his or her personal possessions in the rental unit, the landlord can keep them. He or she can do so only until the tenant pays for any storage fees the landlord says they have acquired. If they remain unclaimed, the landlord has two options:
- He or she can give them away if the total worth is less than $300
- She or he can auction them off
The eviction is never simple. It must adhere to the laws of the state in which it takes place. Eviction in Los Angeles or Long Beach requires the landlord and tenant follow the rules. This includes going step-by-step through the legal system. It also means the tenant, if he or she leaves personal possessions behind, must pay for storage or forfeits them after a suitable length of time.
