If you are facing a notice period for eviction, understanding how the process works may help you feel less anxious about what will happen.
This blog and the links contained within it, will bring you some general overviews of how to notice the period for eviction, and evictions themselves happen and can help you know what to expect.
The current notice period for evictions is 4 months. However, there are a lot of changes to be done before notice periods return to their “pre-pandemic” levels.
Keep reading to find out what changes have been made until now, and what’s to come. Here I present you with the current notice period for evictions for 2022.
How Did The Notice Period Look Before
When the pandemic hit, the government quickly put in provisions to prevent landlords from evicting their tenants.
The federal government in many states, cities, and counties took necessary steps to minimize the impact of the novel coronavirus crisis on tenants. This included placing moratoriums on evictions, holds on shutting off utilities due to nonpayment, and prohibiting late rent fees.
Between 26 March 2020 and 28 August 2020, you had to give 3 months notice period to a tenant to leave the property.
Then, a year later (between 29 August 2020 and 31 May 2021), landlords had to give a 6 months notice period to a tenant to leave the property.
California Eviction Moratorium (Bans) and Tenant Protections
Emergency COVID-19 measures rushed into place by federal, state and local governments created a confusing patchwork of tenant protections.
Now over two years into the Pandemic, many of these protections have expired. The main Federal eviction moratorium ended on 7/31/21, and California’s eviction moratorium ended for most tenants on 3/31/22.
Still, some tenant protections – mostly local – remain in place.
The Notice Period and In The Upcoming Months
From 1 June 2021, most tenants have been required to receive a four-month notice period for evictions. This is considered to be a reduction from the previous six months required.
This is part of the government’s “phased approach” of returning to pre-pandemic notice periods.
However, the notice period for eviction in some cases can be significantly shorter, for example:
- Anti-social and destructive behavior follows immediate, to 4 weeks notice period
- Domestic abuse follows 2 to 4 weeks’ notice period
- The false statement follows 2 to 4 weeks’ notice period
- Over 4 months’ accumulated rent is sufficient reason for 4 weeks’ notice period
- Breach of immigration rules comes with 2 weeks notice period
- The death of a tenant brings 2 month’s notice period
Notice Periods For Eviction From 1 October
Notice periods for eviction will return to their “pre-pandemic” state from 1 October. Also, landlords will no longer be supported by the Coronavirus uplift schemes, and the current fees and prolongations will end.
The government has said that this is all “subjected to the public health advice and progress”.
Timeframes in the Eviction Process
Eviction proceedings and notice periods do not mean that a tenant will immediately be removed from their home.
There are many steps in the eviction process that take a certain amount of time (each). Until a writ of possession is issued, the tenant can remain in their home.
Now, these are the most important steps in the eviction process:
- Step 1: Written Notice to Vacate – Unless the lease agreement says otherwise, the landlord must allow at least 3 days for the tenant to move out. Without filing an eviction suit. In certain evictions where the property participates in specific federal programs or the property owner has a federally-backed mortgage, the tenant has a 30-day eviction period.
- Step 2: Filing of Eviction Suit. ONLY at least 10 days after the petition is filed.
- Step 3: Judgment. Once a judgment has been issued, no further action can take place for 5 days. This is the time/opportunity for the parties to appeal.
- Step 4 (optional): Appeal. Prologues the hearing for at least 8 days
- Step 5: Writ of Possession. Once a final judgment is there, the landlord can plead for a writ of possession and remove the tenant’s property from the rental.
Keep Up To Date With Changing Evictions With IPG
Are you struggling to stay on top of all the changing notice periods for evictions? Keep your business and rights compliant by relying on IPG services. Contact us for all the changes, and updates, and keep up with some of the most interesting topics on our blog page.
