Legal Question in Real Estate Law in California

Can you be evicted out from your home without legal process


Asked on 12/18/13, 6:17 pm

3 Answers from Attorneys

Matthew Boyer The Law Office of Matthew J. Boyer

California is a tenant friendly state. Failure to comply with "notice" requirements can subject the landlord to heavy penalties.

See http://www.dca.ca.gov/publications/landlordbook/evictions.shtml

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Answered on 12/18/13, 7:22 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I don't disagree with Mr. Boyer, but I think the answer really depends upon what you mean by "legal process." To lawyers, "legal process" may mean "going to court" rather than "following the law" Further, when you say "evicted from your home," one wonders whether you are/were a tenant, renter or home owner. Finally, what precisely do you mean by "eviction?" That could be anything from getting a friendly notice that your rental arrangement was being terminated, all the way to the sheriff coming around to remove you and your belongings one fine Saturday morning. I guess to summarize I would say that I agree that California is tenant-friendly, and that each phase of relations between a landlord or a mortgage lender and the home occupant is governed by laws, and that some steps specified in the law must be followed, it isn't true that all processes that might be considered "evictions" require going to court.

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Answered on 12/18/13, 8:15 pm
Anthony Roach Law Office of Anthony A. Roach

If you mean is it legal to be evicted without the landlord using a court filed procedure, then the answer is no. Landlords must use one of the court filings by law, and cannot engage in self help.

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Answered on 12/19/13, 8:03 am


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