Key Takeaways:

  • Landlords must follow legal grounds for eviction, such as unpaid rent or lease violations.

  • Properly serving an eviction notice is critical for beginning the process.

  • If the tenant doesn’t comply, landlords must file an unlawful detainer lawsuit.

  • Winning the case allows landlords to obtain a Writ of Possession for sheriff enforcement.

  • California law provides additional protections for tenants in foreclosed or sold properties.

The eviction process in California can seem very complex and confusing for landlords. If you need to terminate a rental contract it is important to familiarize yourself with eviction laws, tenant rights, and the landlord’s responsibilities. In this guide, you will find everything you need to know about the eviction process so you can learn how to evict a tenant in California the legal way.

 

A guide for landlords on how to evict a tenant in California

In some situations, a landlord may find themselves needing to evict a tenant for many reasons such as non-payment of rent or violating lease terms. However, according to California eviction laws, terminating a tenant’s contract from your property is a time-consuming process with many steps. If the tenant refuses to move out of your property, the only way to remove them is by filing an eviction lawsuit, which is also called “Unlawful Detainer Actions.”

It is important to remember that filing an eviction lawsuit is the final step. Before you can do that, you need to prove that you have valid reasons to remove the tenant and that you have given the tenant an eviction notice in advance. Below are some of the legal grounds for eviction that are acceptable in California.

Legal Grounds For Eviction In California

The eviction laws in California state some very specific circumstances under which landlords have legal grounds for evicting a tenant. These include:

  • Non-Payment of Rent: This is one of the most common reasons for eviction. If the tenant does not pay rent on time, the landlord has the right to evict them from the property.

  • Violation of Lease Terms: Most lease agreements have clearly outlined terms and conditions. These could include policies relating to pets, smoking, noise disturbance, etc. If a tenant violates any of the lease terms, the landlord has the right to evict them.

  • Illegal Activities: If a tenant is involved in illegal activities such as drug use or distribution within the rental property, a landlord can issue an eviction notice.

There are also some actions a landlord may not take to force a tenant to leave. These include:

  • A landlord cannot physically lock out a tenant or cut off utilities (called “self-help” measures)

  • Landlords should never threaten their tenants with unlawful methods to evict or threaten to deport immigrant tenants.

  • Landlords cannot physically threaten tenants to leave. 

If you evict a tenant for any reason that is not considered lawful in California, the tenant has the right to sue you for damages, and you can be penalized by up to $2,000 for each unlawful measure used. It is also illegal for you to file an unlawful detainer action in retaliation for the tenant exercising a right or complaining about the conditions to an inspector or agency.

 

Serving An Eviction Notice To The Tenant

As mentioned earlier, before filing an eviction lawsuit, landlords must take a few actions. 

First, the landlord must attempt to resolve the situation or conflict with the tenant. Some landlords opt to start the process with a legal mediator or real estate attorneys for a more peaceful method of resolution. 

If all attempts to resolve the situation with the tenant fails, the landlord has the right to serve an eviction notice to the tenant. The notice must provide the following information:

  • Name(s) and address(es) of the tenant(s).

  • Reason for eviction (e.g. non-payment of rent, violation of terms, etc.).

  • Rental home address

  • Total amount of rent due (if applicable).

  • Name, address, and phone number of the person or financial institution to whom the rent must be paid.

  • Hours and days that the person or financial institution is available to receive the rent.

  • The date you served the demand to the tenant.

  • Signature of the landlord.

If the tenant does not move out before the date mentioned in the eviction notice, the landlord can file a lawsuit.

In California, there are different types of eviction notices depending on the violation:

  • 3-Day Notice to Pay Rent or Quit: If the tenant has failed to pay rent, this notice gives them three days to either pay the overdue rent or vacate the property.

  • 3-Day Notice to Cure or Quit: For lease violations, such as unauthorized pets or guests, this notice allows tenants three days to correct the issue or leave the premises.

  • 30-Day or 60-Day Notice: For tenants on a month-to-month lease, the landlord must give either 30 or 60 days’ notice depending on the length of time the tenant has lived on the property

The notice must be properly served to the tenant. You can do this by either personally delivering the notice to the tenant, leaving it at the rental property, or sending it by certified mail. Failing to follow the correct service procedures can lead to delays in the eviction process.

 

What Happens After Serving An Eviction Notice?

After the tenant receives the eviction notice, the landlord must wait for the tenant to take action. If it’s a 3-Day Notice to Pay Rent or Quit, the tenant can either pay the rent within the three-day window or move out. Similarly, for a 3-Day Notice to Cure or Quit, the tenant can take steps to remedy the violation or vacate the premises.

If the tenant fails to respond or take action, the landlord can move forward with filing an unlawful detainer lawsuit. It is important to remember that even if the landlord files the lawsuit, the tenant still has the right to dispute the eviction in court. For this reason, property owners should consult with a real estate attorney in the case of an eviction lawsuit. 

 

Filing An Unlawful Detainer Lawsuit: Step-By-Step Guide

The process of filing an unlawful detainer lawsuit involves several documentation and processes. Below is a step-by-step guide.

  1. Prepare Court Forms: Complete the necessary forms, including the Complaint (UD-100) and Summons (SUM-130), to officially start the eviction process.

  2. File the Forms: Submit the forms to the appropriate court and pay the filing fee, which varies by county.

  3. Serve the Tenant: A third party must serve the tenant with the court documents using one of the approved methods: personal service, substituted service, or posting and mailing.

  4. Wait for Tenant’s Response: The tenant has five days to respond. They can either contest the eviction by filing an Answer (UD-105) or fail to respond, leading to a potential default judgment in favor of the landlord.

  5. Request a Trial (If Needed): If the tenant contests, a trial will be scheduled. Both parties will present evidence, and the judge or a jury will decide the case.

  6. Obtain a Judgment: If the landlord wins, the court issues a judgment for possession. The landlord can then request a Writ of Possession to have the sheriff remove the tenant if they don’t leave voluntarily.

 

The Eviction Trial And Judgment

If the tenant chooses to dispute the eviction and files a response, the court will schedule a trial. During the trial, both parties present their evidence. The landlord must prove that they have followed all legal procedures, including properly serving the eviction notice and having valid reasons for eviction. 

If the tenant can prove that the landlord gave improper notice or invalid reasons, the court will generally rule in favor of the tenant. For this reason, it is very important to understand the legal procedures of how to evict a tenant in California.

The tenant may also use other forms of defenses to dispute the eviction such as the landlord’s failure to maintain the property. To navigate through these difficult issues, it is strongly recommended to get legal counsel from attorneys.

Depending on the evidence provided and the procedures followed, the judge may rule in favor of the landlord. If that happens, then the landlord will have won the lawsuit and the tenant would be required by the law to evict the property. 

 

What Happens After Winning The Case?

It is important to know that even after winning the case the landlord cannot evict the tenant themselves. Instead, the landlord must obtain a document called Writ of Possession from the court. With this document, the landlord can contact the local sheriff in their jurisdiction to remove the tenant from the property if they do not leave voluntarily within 5 days of the writ being issued.

 

Foreclosure And Sold Property Allowances

While the above eviction process is generally applicable for landlords who own the property being rented, there may be situations of foreclosure or sale where a transfer of ownership occurs, and the tenant has to move out as a result.

In such situations, the landlord must be aware of tenant rights and the landlord’s own responsibilities and obligations. Under California law, tenants are entitled to 90 days' notice or more before they can be evicted. Landlords who acquire foreclosed properties must be aware of these allowances and follow them accordingly.

 

Final Thoughts On Navigating The California Eviction Process

The eviction process in California is designed to protect the rights of both landlords and tenants. Because of this, the process is complex and requires many different steps. If you want to evict a tenant in California the legal way, follow all the procedures carefully with the legal counsel of an attorney to ensure you are taking the right steps. 

For additional information, you can reach out to UpCounsel’s resources for real estate attorneys and consult them for expert assistance. 

 

FAQ

How can I evict a tenant on a month-to-month lease in California?

To evict a tenant with a month-to-month lease, the landlord must provide either a 30-day or 60-day notice, depending on how long the tenant has lived at the property.

 

What is the quickest way to evict someone in California?

The fastest way to evict a tenant is through a 3-Day Notice to Pay Rent or Quit, but the landlord must follow the proper legal procedures, including filing an unlawful detainer lawsuit if necessary.

 

What are the grounds for immediate eviction in California?

Immediate eviction can occur in cases of illegal activities or serious lease violations, such as property damage or health and safety threats.

 

How much does it cost to evict someone in California?

The cost of eviction can vary but generally includes court filing fees, service fees, and potential attorney fees, which can range from several hundred to over a thousand dollars.