60 day Notice to Vacate California
Understand when and how 60 day Notice to Vacate California to vacate can legally be used to end tenancies. Includes guidelines on notice content and proper service methods.
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A landlord uses a 60-day Notice to Quit if their tenant has been renting for 1 year or more. In many cases, landlords can't cancel a month-to-month tenancy for just any reason.
California 60-day termination notice:
What type of Notice did you get?There are 3-day, 30-day, 60-day, or 90-day Notices to Quit. The number of days in the Notice is the deadline for when you have to do what the Notice says.
A 60 day Notice to Vacate California gives tenants ample time to find new housing. Read about California's 60 day notice requirements and get a free customizable template to provide tenants.
✅ After one year, a month-to-month tenant gives 60 days notice to vacate.
✅ The tenant must be given 60 days to leave in writing.
✅ Proper service requires handing the notice to the tenant, mailing it certified mail, or posting it on the property and mailing a copy.
✅ A landlord can file for eviction after 60 days if the tenant doesn't leave.
✅ The formal eviction process takes 5-8 weeks on average if the tenant contests the eviction.
✅ During the eviction process, the tenant has opportunities to respond and request hearings to tell their side.
✅ Illegal eviction practices like changing locks or shutting off utilities are prohibited.
✅ Landlords face penalties if they retaliate against tenants for exercising legal rights.
How long does it take to evict someone in California in 2023?California tenants are evicted through a legal process. The average time is 30-45 days if the tenant does not challenge the eviction. Timeline overview:
Short Notice PeriodThe tenant must be notified in writing first. This is commonly a 3-day notice to pay rent or quit, or a 30- or 60-day notice to vacate without cause. The notice period runs alongside the eviction.
Bringing Eviction LawsuitThe landlord can sue for unlawful detainer after proper notice. The tenant must get this within 60 days.
Tenant ReplyThe tenant has 5 days to respond to the eviction lawsuit. The landlord can request a default judgment otherwise.
Hearing & Decision CourtIf the tenant challenges eviction, a court hearing is required within 20 days. The judge then rules in favor of the landlord.
Get the Possession WritA writ of possession will allow the sheriff to remove the tenant if the landlord wins.
Exit PeriodThe sheriff gives the tenant 5 days to leave before evicting.
The Eviction Lawsuit ProcessOnly a lawsuit can legally evict a tenant. California eviction lawsuits are "unlawful detainer actions". This formal judicial process can take 30-45 days if uncontested, but will take longer if the tenant requests more time or appeals. Having an experienced landlord-tenant lawyer can help expedite the eviction process.
What are 3 rights tenants have in California?As a tenant in California, you have certain rights that are protected by state laws. Here are 3 important rights that tenants in California have:
1. The Right to a Habitable Rental Unit
California law requires landlords to provide a livable, hazard-free rental unit. This means the unit must have functioning plumbing and electrical systems, adequate weatherproofing, and no insect/rodent infestations. If repairs are needed to make the unit habitable, tenants can request them in writing.
2. Protection Against Illegal Retaliation
Landlords are prohibited from retaliating against tenants who exercise their legal rights. For example, a landlord cannot illegally evict or raise rent just because a tenant filed an official complaint about the rental's condition. Tenants are protected from retaliation for up to 6 months after asserting their rights.
3. Privacy Rights
Tenants have a right to privacy inside their rental units. The landlord must give reasonable advance notice before entering the unit, generally at least 24 hours. They can only enter for necessary reasons like repairs, inspections, or showings. Tenants can install new locks at their expense, and landlords cannot have keys without the tenant's permission.
Other Important Tenant Rights in California Include:✅ Withholding rent if a significant health or safety hazard is not fixed
✅ Suing landlords in small claims court for violations
✅ Terminating a lease early if you are a victim of domestic violence
✅ Fighting illegal eviction notices and lease termination
✅ Receiving relocation assistance payments from landlords in some cities
Tenants should document all interactions and maintenance requests in writing. If you feel your rights are being violated, seek help from a tenant rights organization or lawyer. Knowing your rights is key to ensuring fair treatment as a renter.
What is the 3-day notice in California in 2023?In California, landlords can serve tenants a 3-day notice to quit for various lease violations or lapses in rent. This legal document gives tenants just 3 judicial days to either resolve the issue or move out before eviction proceedings can begin.
When Can a 3-Day Notice be Used in California?There are a few common situations when California landlords can use 3-day notices:
✅ For nonpayment of rent - If the tenant fails to pay rent on time, this notice gives them 3 days to pay the overdue amount or move out.
✅ For lease violations - If the tenant violates the lease, like having unauthorized guests or pets, the landlord can use this notice to tell them to fix the issue or leave within 3 days.
✅ For nuisance behavior - Things like disturbing neighbors with loud noise can warrant a 3-day notice to stop the nuisance behavior or vacate.
What Needs to be Included?For the notice to be valid in California, it must:
✅ Be in writing
✅ State the total amount of rent owed if that's the reason
✅ List the lease violation or nuisance behavior if applicable
✅ Provide the tenant 3 judicial days to comply or quit
✅ Include the landlord's signature and contact information
What Happens After Service?If the tenant fails to comply within the 3 days, the landlord can then proceed with filing an unlawful detainer lawsuit to evict the tenant. The entire eviction process usually takes 30-45 days from start to finish if the tenant does not contest it.
Properly serving a 3-day notice is a crucial first step in the California eviction process when a tenant has violated the lease terms. This notice sets the stage for the landlord to legally remove the tenant if the issues are not remedied.
Can the Landlord evict a tenant in California in 2023?Certainly, landlords possess the ability to initiate tenant evictions within California during the year 2023; however, it's imperative to adhere to a well-defined legal protocol:
Commencement initiates by delivering a duly composed written notice from the landlord to the tenant. This commonly entails a 3-day notification for rent payment or departure, or alternatively, a 30-day notice for vacating in the absence of eviction grounds.
Upon the tenant's non-compliance with the aforementioned notice, the landlord is authorized to institute an illegal detainer lawsuit aimed at eviction. This legal documentation necessitates direct presentation to the tenant. Allotted is a 5-day interval for the tenant to furnish a response pertinent to the eviction lawsuit. Failure to respond empowers the landlord to seek a default judgment through the court system.
In the event of the tenant's contestation of the eviction, the obligatory course of action involves a court hearing scheduled within a span of 20 days. This designated hearing encompasses the presentation of arguments from both parties, culminating in a judge's verdict.
Triumph on the landlord's part warrants the issuance of a writ of possession by the court, thereby deputizing the sheriff to enforce the eviction.
Completion of this comprehensive procedure mandates a timeframe of no fewer than 30 to 45 days, granted that the tenant doesn't challenge the eviction.
However, in cases where contestation arises, the temporal scope can extend.
To encapsulate succinctly—yes, in the year 2023, landlords in California retain the prerogative to initiate tenant evictions, contingent upon strict observance of the prescribed legal procedures.
What is the new renters law in California in 2023?In 2023, California has new and updated laws that provide expanded protections for renters across the state. Here is an overview of some of the key laws and changes:
Statewide Rent CapCalifornia's Tenant Protection Act of 2019 instituted a statewide rent cap. For 2023, landlords can only increase rents by a maximum of 8.8% annually on existing tenants. This applies to most rental units except single family homes and condos owned by individuals.
The rent cap will be in effect until 2030 to prevent excessive rent hikes. Landlords can only raise rents once per 12-month period.
Just Cause EvictionAB 1482 provides "just cause" eviction protections for tenants who have lived in a unit for 12+ months. Landlords now must have an approved reason to terminate tenancy, like failure to pay rent or lease violations. No-fault evictions are more restricted.
Extended Notice PeriodsThe required notice period for tenancy terminations and rent increases is now 90 days in parts of California. Elsewhere it's 60 or 30 days depending on length of tenancy. This gives tenants more time to prepare.
Local Rent ControlMany cities in California have local rent stabilization ordinances that limit rent increases. These vary by location but often range from 3-10%. Tenants should research their area's policies.
COVID-19 ProtectionsPandemic eviction moratoriums have expired, but tenants impacted by COVID-19 can still apply for rent relief funds. There are also repayment plans and defenses against pandemic-related eviction cases.
The combination of state laws and local rules provide stronger protections for California renters in 2023. Being informed of the latest laws can help tenants assert their rights.
Who is exempt from California rent control?
Who is Exempt from California Rent Control in 2023?California has statewide rent control laws as well as local rent control ordinances in some cities. However, certain types of rental properties are exempt from these rent caps and tenant protections. Here is an overview of exemptions:
Single Family Homes, Condos, & DuplexesSingle family homes and condominiums are exempt from rent control if owned by an individual person. Duplexes where the owner occupies one of the units are also exempt. However, corporations or REITs (real estate investment trusts) that own single family rentals are not exempt.
New ConstructionBuildings constructed within the last 15 years are exempt from rent control statewide. The exemption window can vary under local ordinances. Once the exemption period ends, rent control applies.
Short Term RentalsHotels, motels, and other short term vacation rentals are exempt from rent caps and just cause eviction rules. Traditional landlord-tenant laws do not apply to these properties rented for under 30 days.
School HousingDormitories, fraternity/sorority houses, etc owned by colleges and schools are exempt from rent control laws.
Non-Profit Owned UnitsCertain non-profit owned rental units may be exempt, depending on local ordinances. Exemptions are intended to promote affordable housing.
Mobile Home ParksMobile home parks and recreational vehicle parks are not subject to rent control in California. However, they must still follow notice requirements for rent increases.
There are some additional narrow exemptions, so landlords and tenants should verify the status of a specific rental property. Local rent control laws also vary by city.
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How much can a landlord legally raise rent in California in 2023?
The Tenant's Guide: Responding to a 60-Day Notice to Vacate CaliforniaWith California's statewide rent control laws, there are limits on how much landlords can increase rents each year. Here are the key details:
✅ For 2023, the maximum allowable rent increase in California is **8.8%.**
✅ This rate is calculated based on 5% plus the current Consumer Price Index (CPI) for the area, which is 3.8% in 2023.
✅ The statewide rent cap law AB 1482 limits rent increases to no more than 5% plus the local CPI or 10% total, whichever is lower.
✅ Therefore, with the 2023 CPI at 3.8%, the maximum allowed increase is 8.8% (5% + 3.8%).
✅ This 8.8% cap applies to most rental units in California that are covered by AB 1482.
✅ Exemptions include single family homes not owned by corporations, duplexes where the owner lives in one unit, and housing that is less than 15 years old.
✅ Local rent control ordinances in some cities impose even lower caps on rent increases, around 3-5% annually.
✅ Landlords can only raise rents once per 12 month period with proper written notice.
✅ Increases larger than the cap are illegal and tenants have grounds to contest the increase.
So in summary, due to the rent cap law, 8.8% is the maximum that California landlords can legally raise rents on existing tenants in 2023. Lower increases are permitted, but anything higher violates state law.
What is the right to quiet enjoyment in California?
What Quiet Enjoyment Means for TenantsThe right to quiet enjoyment grants tenants the following protections:
✅ The ability to live in the rental unit without excessive noise, smoke, or other nuisances from the landlord or other tenants
✅ Reasonable privacy and exclusive possession of the unit
✅ Proper functioning of electrical, plumbing, sanitary, heating, and other facilities promised under the lease
✅ Uninterrupted use of common areas like shared pools, game rooms, laundry rooms, etc.
✅ Protection from landlord harassment or abuse of access rights
✅ Freedom from landlord surveillance or intimidation tactics
Limits to the Landlord's AccessUnder quiet enjoyment, the landlord cannot enter the rental whenever they please. They must provide reasonable notice, generally at least 24 hours except for emergencies. Tenants can install new locks at their expense and deny keys to the landlord.
Recourse If Rights Are ViolatedIf a landlord violates the right to quiet enjoyment, tenants can sue for nuisance or constructive eviction. Damages may be awarded. Tenants should document violations in detail. Consulting a tenant rights attorney is recommended if the landlord breaches the covenant of quiet enjoyment.
The right to quiet enjoyment ensures tenants can comfortably use their rental property as intended under the lease terms without undue landlord interference. All California tenants have legal protections under this right.
Does all of California have rent control?In the realm of California's rental landscape, it's essential to acknowledge that not every city adheres to the same set of rent control or rent stabilization regulations. The intricacies of this situation warrant a closer examination:
Cities without Rent Control:While traversing the diverse expanse of California, one encounters cities like Glendale, Burbank, Torrance, Pasadena, and Downey that stand apart due to their absence of rent control measures. These locales maintain a distinct approach to the rental sector.
Comprehensive Coverage through 2019 Laws:The year 2019 introduced rent control laws that encompass a broad spectrum of multi-family rental properties across California. However, it's prudent to recognize that exceptions punctuate this sweeping coverage. Single-family homes, condominiums, and duplexes find themselves outside the realm of these regulations, especially when the owner resides within one of the duplex units.
Additionally, the purview of the Tenant Protection Act remains limited for single-family homes, unless these homes are under the ownership of a corporation or a real estate investment trust.
Varied Urban Guidelines:The fabric of rent control laws is woven with diversity, shifting from one city to another. Generally, the focus lies in curtailing the extent to which landlords can escalate rent prices within a given year. Yet, the nuances vary. In select locations, rent control laws concentrate solely on the domain of eviction, sidestepping the terrain of rent hikes altogether. In other cases, the embrace of these laws extends primarily to the niche of mobile homes.
Navigating California's Rental Landscape:In summation, the scenario unfolds thus: California, despite its unified identity, harbors a patchwork of rent control policies that oscillate from one city to the next. The question of whether rent control is universally prevalent in the state demands a case-by-case analysis, where some cities boldly embrace it, while others abstain. Understanding this intricate weave is essential for both tenants and landlords navigating the diverse rental landscape of the Golden State.
What are the 15 rent controlled cities in California?Many cities across California have local rent control or rent stabilization ordinances that limit how much landlords can raise rents each year. Here are 15 major cities with rent control:
✅ **Los Angeles** - Rent control covers units built before 1978. Annual increases capped around 3-8%.
✅ **San Francisco** - One of the strictest policies, with a maximum cap of 6% on rent hikes.
✅ **Oakland** - Rent increases tied to annual CPI and currently capped at 6.7% per year.
✅ **San Jose** - Rent control law limits increases to 5% annually for covered units.
✅ **Berkeley** - Rent Board regulates rents on pre-1980 buildings. Increases capped around 65% of CPI.
✅ **Santa Monica** - Rent Control Board oversees allowable rent increases, currently around 3-6% per year.
✅ **Palm Springs** - Only one rent hike allowed per year up to 75% of CPI increase.
✅ **West Hollywood** - Strict rent stabilization law limits most rent increases to 0-4% per year.
✅ **East Palo Alto** - Rent Program caps rent hikes at around 2-5% annually.
✅ **Hayward** - Allowable rent increases tied to CPI, currently capped at 6.4% per year.
✅ **Los Gatos** - Rent increases limited to 5% per year for eligible apartments.
✅ **San Diego** - Newly passed ordinance caps yearly increases at maximum 5% plus CPI.
✅ **Glendale** - Weak rent control law allows increases up to 7% annually.
✅ **Thousand Oaks** - Maximum rent hike set at 4% per year under ordinance.
✅ **Oxnard** - Rent control policy limits rent increases to 4% annually.
Rent control laws are complex and vary between California cities. This overview covers some of the major rent regulated markets.
Does California have a 60 day notice to vacate?
Understanding California's 60-Day Notice to VacateDelving into the intricacies of California's rental landscape, one encounters the concept of a 60-day notice to vacate, a pivotal instrument used by landlords to conclude month-to-month tenancies under specific circumstances. Here are key insights into the realm of 60-day notices in the Golden State:
Crucial Criteria for Usage:The utilization of a 60-day notice unfolds in scenarios where month-to-month leases are poised for termination, provided the tenant has established a residence within the unit for a span exceeding one year. This delineation marks a crucial distinction in the application of this instrument.
Formal Framework:At the heart of the process lies the requirement for a written notice, meticulously detailing the tenant's obligation to vacate within a span of 60 calendar days. This written communication serves as the linchpin of the transition.
Service Protocols:Executing the notice mandates adherence to prescribed service methods. The avenues encompass direct personal delivery, the utilization of certified mail, or conspicuously posting the notice on the property. These options bestow a comprehensive spectrum to ensure effective communication.
Grounds for Issuance:A 60-day notice is wielded by landlords with substantiated reasons such as their intention to occupy the premises or the orchestration of substantial renovations. It's noteworthy that such notices must emanate from genuine motives and not be driven by retaliatory or malicious intent.
Duration Dynamics:For tenants inhabiting a unit under the month-to-month arrangement for less than a year, an abbreviated 30-day notice emerges as the norm. Meanwhile, those existing under a fixed-term lease receive a 30-day notice post the lease's culmination, leading to the initiation of month-to-month tenancy.
Imperative Adherence:The denouement of the 60-day notice entails the tenant's relocation within the stipulated 60-day interval, lest eviction proceedings come to the fore. This underscores the gravity of compliance.
Reasonable Grounds:Emphasizing the principle of fairness, landlords must substantiate their rationale for issuing a 60-day notice. This requirement safeguards against arbitrary usage.
Summarizing the Landscape:In essence, California's dynamic rental realm grants landlords the prerogative to conclude specific month-to-month tenancies through the instrumentality of a 60-day notice. This mechanism, rooted in proper cause, ensures tenants are accorded a reasonable period for housing exploration.
Advocacy for Tenants:Tenants confronted with a 60-day notice wield a crucial role in scrutinizing its content and implications. Should concerns arise regarding potential encroachments upon their rights by the landlord, seeking legal counsel becomes imperative. The significance of adhering to lawful procedures is central to any eviction process.
As the nuances of the rental landscape continually evolve, comprehending the role and nuances of the 60-day notice within California's legal framework remains pivotal for both landlords and tenants.
What are the rules for vacate in California?When tenants are moving out and vacating a rental property in California, there are some important end-of-tenancy rules they must follow:
✅ Provide proper notice - Tenants must provide written notice of their intent to vacate as required by the lease or law. Typically this is 30 days for a monthly lease.
✅ Pay final month's rent - Tenants are responsible for paying the full final month's rent even if vacating mid-month.
✅ Clean the unit - Tenants are expected to thoroughly clean the unit and restore it to move-in condition.
✅ Remove all belongings - All tenant belongings must be removed by the vacate date. Any items left behind can be disposed of or sold by the landlord.
✅ Repair damages - Tenants are responsible for repairing any damages beyond normal wear and tear. Small holes in walls, stains, etc. should be fixed.
✅ Return all keys - All keys provided by the landlord must be returned upon move out. Failure to return keys can incur fees.
✅ Provide new address - Tenants should provide the landlord with a forwarding address where the security deposit refund can be mailed.
✅ Schedule a walkthrough - It is recommended that tenants schedule a joint pre-move out inspection if possible to review the condition of the unit.
✅ Take photos - Tenants should take date-stamped photos showing the condition of the unit upon vacating to document its state.
Following these end-of-tenancy rules can help ensure a smooth transition when moving out, the return of the full security deposit, and avoiding disputes with the landlord over potential damages or unpaid rent.
What is the notice to vacate in California 2023?In California, landlords must provide proper written notice before terminating a tenancy. Here are the current notice to vacate requirements for 2023:
✅ For **month-to-month leases**, landlords must give **30 days'** advance written notice if the tenant has lived there for **less than 1 year**.
✅ For month-to-month rental agreements where the tenant has lived in the unit for **1 year or more**, the landlord must give **60 days'** written notice to vacate.
✅ For tenants **without** a written lease, it is also a **30-day** notice period if residing for under 1 year, and **60 days'** notice if residing for over 1 year.
✅ When a **fixed-term lease** is ending, no notice is required. But if the lease transitions to month-to-month, then 30 or 60 days' notice applies based on tenancy length.
✅ The notice to vacate must be **in writing** and properly **served** to the tenant by certified mail, personal delivery, or posting on the property.
✅ Landlords cannot issue notice to vacate as **retaliation** or **discrimination**. Tenants have rights to contest improper notices.
✅ If the tenant does not move out after proper notice is given, the landlord can file for **formal eviction** with the courts.
✅ Local rent control laws may have additional notice requirements in some cities. Both landlord and tenants should check local ordinances.
The notice periods changed as of September 2022 under AB 2229 to be more consistent statewide. Giving proper notice remains a crucial first step in the legal eviction process in California.
How do you notice a tenant to vacate a landlord in California?In California, landlords must provide proper written notice to tenants before terminating a tenancy. Here are the steps:
✨ **Choose the notice form** - Select either a 30-day or 60-day notice to vacate form depending on the tenancy length.
✨ **Fill in details** - Fill in the tenant's name, landlord's name, rental property address, and tenancy end date.
✨ **State the reason** - Include the specific reason for ending the tenancy if required, such as lease violations.
✨ **Review notice period** - Double check that proper notice period of 30 or 60 days is provided based on how long the tenant has lived there.
✨ **Sign the notice** - The landlord or property manager should sign and date the completed notice to vacate form.
✨ **Make copies** - Make copies for the landlord's records before serving to the tenant.
✨ **Serve the notice properly** - The notice must be served in person, by certified mail, or posted publicly at the property.
✨ **Document service** - Keep a photograph or written certification of proper service of the notice to the tenant.
✨ **Allow tenant to comply** - Give required time period for tenant to move out once notice is served.
✨ **File eviction** - If tenant does not comply with notice, landlord can file eviction papers at court after notice period expires.
Carefully following notice rules prevents future challenges. Landlords should seek legal guidance to ensure notices contain necessary information and proper service procedures are followed. Serving notice is the first vital step before pursuing any eviction action.
Is a notice to vacate the same as an eviction California?In California, a notice to vacate is different from formally evicting a tenant. Here is how they differ:
✅ A notice to vacate is a written notice the landlord serves to the tenant informing them to vacate the rental property within a required time period, usually 30 or 60 days.
✅ An eviction is when the landlord files an unlawful detainer lawsuit in court to compel the tenant to move out, with the help of law enforcement if needed.
So a notice to vacate comes before an eviction filing. Key differences:
✅ Notice to Vacate
👉 Comes before any court filing
👉 Requests that the tenant willingly vacates within set timeframe
👉 Does not forcibly remove the tenant if they don't comply
👉 Involves court filing after notice expires
👉 Legally compels the tenant to vacate after court order
👉 Sheriff enforces court order and forcibly removes tenant if needed
A notice to vacate is just the initial step asking the tenant to leave on their own. If they don't, then the landlord files a formal eviction case in court to legally require the tenant to vacate.
Receiving a notice to vacate does not necessarily mean a tenant will get evicted - they may comply and move out before court action is required. But eviction will likely follow after a notice expires without the tenant vacating voluntarily.
So in summary, a notice precedes and requests tenant compliance, while an eviction compels compliance with a court ordered removal if necessary. They are two separate legal processes.
Can a renter refuse to leave in California?
State law allows California renters to refuse and appeal vacate notices and evictions.Some major points:
✅ The tenant might refuse to evacuate if the landlord gives an invalid notice.
✅ Verbal requests to leave are never necessary; written notice is required.
✅ If the renter believes the notice to quit breaches rent control regulations or tenant rights, they can sue.
✅ Instead of leaving, the tenant might fight the landlord's eviction case.
✅ The renter has legal grounds to stay until a court eviction hearing and judgement.
✅ Tenants can stay in rental units if the court rules in their favor.
✅ The landlord cannot "self-help" unlawful evictions by changing locks, removing doors, or cutting utilities.
✅ Tenants should consult a lawyer to dispute wrongful evictions.
In general, California renters can ignore vacate notices and dispute evictions in court.
If the court finds in favor of the landlord, the tenant must leave or be removed by the sheriff.
What if a tenant refuses to leave in California?If a California tenant refuses to vacate after being served proper notice by the landlord, the next steps are:
✅ The landlord cannot take matters into their own hands and force the tenant out. "Self-help evictions" like changing locks or removing belongings are illegal.
✅ The only legal recourse is for the landlord to file an unlawful detainer lawsuit to formally evict the non-compliant tenant.
✅ The landlord must properly serve the tenant with the eviction lawsuit summons, usually by having a process server deliver it.
✅ The tenant has 5 days to respond in writing to the eviction complaint. If no response, the landlord can seek a default judgment from the court.
✅ If the tenant contests the eviction, a court hearing must be held within 20 days where a judge hears the case.
✅ If the ruling favors the landlord, the court will issue a writ of possession giving the tenant 5 days to leave before the sheriff enforces it.
✅ The entire formal eviction process takes a minimum of 30-45 days if the tenant does not fight it. Can take longer if contested.
✅ The sheriff will forcibly remove the tenant if they disobey the final writ of possession order.
✅ The landlord cannot take punitive actions like shutting off utilities or harassing the tenant during the court process.
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