California Eviction Laws

RIVERSIDE: Residents fighting tribes hold rally

Carrying signs saying, "Bono Mack, Where are you?" "Don't take our home for casinos," and other calls for help, a group of about 100 people rallied Thursday in front of the county courthouse in Riverside to complain about the impact they say local American Indian tribes are having on their property.

Cheryl Schmit, director of Stand up for California, an activist organization involved in tribal gaming issues, said those gathered wanted to bring attention to the conflict that sometimes exists between tribes and their neighbors.

"We seek justice to situations that citizens seem to be caught in the middle of," Schmit said. "This is not a unique issue in Riverside County. These are policy issues that we need solutions to."

Speakers at the rally addressed situations involving three tribes: the Morongo Band of Mission Indians, the Soboba Indians and the Colorado River Indian Tribes, or CRIT.

Roger French said residents along a 17-mile stretch of the Colorado River between Blythe and the Riverside County line have been forced to either renegotiate leases with CRIT at grossly increased prices, or face eviction. French and others with his group, West Bank Homeowner Association, contend that the reservation, most of which is in Arizona, doesn't include property on the California side of the river, meaning the tribe has no jurisdiction. The dispute goes back 50 years.

Most recently, tribal police evicted members of the Blythe Boat Club from their riverfront campsite area just north of Blythe. Years of negotiation had failed to bring a lease agreement that would have allowed the nonprofit organization to remain. Toni Hawley, the club's president, said the organization had recently uncovered documents showing the land does not belong to the tribe.

The club holds a deed on another portion of its property that she believes is still in effect.

Eric Sheppard, attorney for CRIT, said the land issue was laid to rest years ago.

"We've given folks a couple of options," Sheppard said. "One is to sign a new lease and pay their back rent over time. Or they can vacate the premises and we will waive all penalties. There are roughly 2,000 part-time residents. The vast majority are in good standing."

San Jacinto resident Jerry Uecker said he is concerned about a move by the Soboba Indian tribe to build a new casino and hotel on property near his mobile home park. Uecker said the development would isolate the mobile home community from the city.

Eviction Attorney Orange County CA

Eviction Attorney Orange County CA

The most common ground for eviction is unpaid rent. However, all kinds of evictions are covered by this website. Examples of other grounds for eviction include Holdovers (where the tenant stays after the lease has expired), damaging the property, or violating anything else in the lease agreement.  The eviction form provided on Eviction Resources (Eviction Notice) covers evicting a tenant for unpaid rent.  The eviction notice form also covers evicting a tenant for other lease violations.

Eviction Attorney Orange County

There are many websites on the web that sell landlord forms, including the eviction form.  There are also numerous books, tapes, and entire courses made just for landlords and eviction.  Those can all be very costly.  Many times, a landlord simply needs an affordable eviction form to post on the rental property, and that is enough to get a bad tenant to vacate the property.  Why pay a lot of money to an attorney when all you need is a simple two page eviction form? 

California landlords should seek to terminate or end a tenancy before attempting an eviction. The most common reasons for ending a tenancy are nonpayment of rent and violation of one or more lease terms. It is best to send a notice for nonpayment of rent before terminating a tenancy, even if you don’t have to by law. A record of repeat notices to pay rent will establish that a tenant has a history of late payments.

If you have a month-to-month agreement, either party (landlord or tenant) may end the tenancy with the proper amount of notice. In California, that is 30 days. If you have a lease, say with a term of one year, the tenancy naturally ends when the year is up, unless the lease is renewed. If a landlord wishes to end a tenancy earlier, he or she may do so by serving the tenant with an appropriate notice. California allows for the following types of written termination notices:

Notice to Pay Rent or Quit: This is a 3-day notice. In California, tenants have 3 days to pay their rent or move before a landlord may file for eviction. [Cal. Civ. Code Sec. 1161(2)]

Notice to Perform Covenants or Quit: This is a 3-day notice. In California, tenants have 3 days to cure (or cease) a violation of their lease or move out before a landlord may file for eviction. [Cal. Civ. Code Sec. 1161(3)]

Notice to Quit (Unconditional Quit): This is a 3-day notice. California law allows landlords 30-Day Notice to Quit (for month-to-month tenancies) [See http://www.alameda.courts.ca.gov/selfhelp/Civil/udbeforefiling.

The California Landlord's Law Book, Evictions

California Tenants' Rights

California eviction defense manual

The California Landlord's Law Book, Rights & Responsibilities

California tenants' handbook, tenants' rights