Having to evict tenants is never an ideal situation, nor is a vacant rental property. Every landlord would rather be able to come to a solution by communicating with their tenants and renters, and resolving the situation without taking eviction action. But sometimes, it's necessary to evict a tenant, so it’s important for a landlord to understand California eviction laws, the tenant protection act, and the correct legal steps to follow.
A lease or rental agreement is a contract from a landlord that clearly states a tenant’s obligations, like paying rent on time and adhering to the terms of the lease agreement, for the duration of their tenancy. If at any point the tenants fail to abide by these terms, you may be able to remove them from your California rental property.
It goes without saying that every landlord must follow the proper eviction process when removing a tenant from their rental property. Before taking any other steps, by law, you have to get a court order. It’d be against the law for landlords to do things like shut off utilities, change locks, or remove the tenant’s personal property left in the rental unit.
The typical California eviction process follow these steps:
- Serving the tenant with an eviction notice.
- Filing a complaint in court.
- Serving the tenant with a copy of the summons and complaint.
- Attending the court hearing.
- Obtaining a Writ of Possession.
- Removing of the tenant.
Usually, from start to finish, a landlord can expect eviction proceedings to take anywhere between five and eight weeks. Legal proceedings can also take much longer if the tenant files to take it up with the court and may incur unnecessary court fees.
What Is the Eviction Process in California?
According to eviction laws, to begin tenant evictions in California, the landlord must first consult their legal rights according to California laws. You cannot force tenants to leave, but must follow proper proceedings according to California legal procedure. Examples of legal grounds include nonpayment of rent, extending the tenancy without approval, and if the tenant breaches lease terms. Next, they must terminate the lease by issuing tenants with an eviction notice.
Notice for Lease Termination with Legal Cause
A California landlord can legally evict tenants for a myriad of reasons, as already mentioned during the eviction procedures. The landlord must issue the tenant the proper notice according to the California law for the process to be successful in California courts. These are the eviction notices available to a landlord.
- 3-Day Notice to Pay Rent or Quit. Tenants are required to pay rent on time, every month. If there is continued nonpayment of rent landlords may be able to evict. If the tenant violates this agreement, you can issue a three day notice informs the tenant to pay rent or quit. This warning gives the tenant three days to either give the unpaid rent or leave with their personal property. When the three days are over, they must leave.
- 30-Day Notice to Quit. This applies to tenants on a month-to-month lease who have been paying rent for less than a year. The notice allows landlords to give them a maximum of 30 days to leave. The tenant has no other option.
- 60-Day Notice to Quit. This applies to tenants on a month-to-month lease and who have rented for more than a year. It allows the tenant a maximum of 60 days to leave.
- 3-Day Notice to Quit. A landlord must serve this written notice when evicting a tenant for a serious lease violation during eviction procedures. This notice informs the tenant they have a maximum of three days to leave on their own. The tenant doesn’t get a chance to remedy the issue. After three days, they must leave. Examples of incurable lease violations include illegal activities or criminal activity like nonpayment of rent, unlawful subletting, non-criminal nuisances, code violations, and property damage.
- 3-Day Notice to Cure or Quit. The 3-day notice to cure or quit applies to tenants who commit minor violations. The three day notice cure or quit means the tenant must fix their violation or vacate. Examples of curable violations include keeping unauthorized pets, failing to maintain the unit past normal wear and tear incurring property damage, and using the rental unit for unauthorized purposes. If tenant fails to fix the issues, they must leave.
Serving a Tenant with an Eviction Notice in California
As a landlord, it’s your duty according to California eviction laws to ensure the tenant has received a copy of the notice and follow correct legal procedures according to the
California eviction timeline. California law also requires that every landlord serves it properly, lest the tenants facing eviction or their attorney uses that as a legal defense to derail their eviction.
Once the landlord has filed for eviction, landlords must deliver appropriate notice in one of these ways:
- Delivering the notice in person.
- Mailing a copy to the tenant via certified mail or regular mail.
- Posting a copy on the front door of the rental unit, or any other conspicuous area.
- Leaving a copy with a competent household member, or family member, in the absence of the tenant.
- Posting a copy in a conspicuous area of the rental unit AND mailing the tenant a copy of the notice.
Tenant Eviction Defenses in California
After the tenant is given notice, the eviction proceedings may escalate to an eviction lawsuit under California courts proceedings. The tenant may seek legal repretensation by the use of a private attornery, incurring legal fees. A defense is a reason why landlords shouldn’t win the eviction case, provided by an attorney in an eviction lawsuit, according to California eviction laws. There are eviction protections in place to aid tenants. Be aware of eviction protections and landlord-tenant laws to ensure there are no legal setbacks. During the court eviction proceedings, the tenant or their private attorney may give reasons such as:
- The notice had substantial errors, or there wasn't an appropriate notice period.
- The eviction was based on discrimination, such as the tenant’s race, color, nationality, religion, or sex (which are all protected classes according to the Fair Housing Act).
- The eviction was a landlords retaliation to the tenant exercising one of their rights. Such as joining a tenants’ union to advocate for their rights, or reporting the landlord to the health department for habitability violations.
- The reason for the lease termination and eviction process was exaggerated.
- The tenant responds and fixes the violation (for curable violations) but the landlord still went ahead with the eviction.
- The eviction process was illegal. For instance, their landlord tried to evict the tenant by locking them out, shutting down their utilities, or removing their belongings.
Attending Court Hearing
If the tenant contests the violation or refuses to move out, landlords can choose to proceed with filing an eviction lawsuit with the court. After the landlord files the lawsuit, the judge will then issue a Summons and Complaint. This will allow the tenant time to respond, allowing the tenant or their attorney to provide any defense they have against their eviction. Both parties may then appear in court.
If the tenant responds to file a court form, they may appear in court in front of the judge to give their side of the story. At this point, the landlord can ask for a default judgment. A default judgment means that the landlord can ask the judge to grant their eviction request without heeding the tenant's court form, avoiding longer timelines.
To prepare for the hearing, landlords should bring as much evidence as they can to file, court paperwork, as possible. Including a copy of necessary documents, like the lease agreement, a copy of the notice, and any witnesses if available, such as other tenants. If the judge decides in the landlord's favor, a Writ of Execution will be issued and the eviction process will continue.
Writ of Execution
This is the final notice to the tenant to leave their rented unit. According to eviction laws, the writ affords them an opportunity to remove their belongings before being forcefully evicted. It gives them a maximum of five days to leave. If the tenant doesn’t leave within five days, the sheriff will return and forcefully remove them.
Bottom Line
It’s important that California landlords follow California eviction laws when removing a tenant from their premises, providing proper notice and filing the correct documents to protect yourself and your property. Illegal evictions do have consequences.
Are you looking for help managing tenant relations for your California rental? If you are, Action Properties can help. We’re a full-service property management company that can help you maximize your income and minimize stress. We provide thorough tenant screening to minimize risks, finding quality tenants. If you ever need to evict a tenant, and file for the court system, our property managers stay informed with current laws and have the resources to help. Get in touch to learn more!
This blog should not be used as a substitute for professional legal advice. Seek legal advice from a licensed attorney in your state. Laws change, and this post might not be updated at the time of your reading. Please contact us for any questions you have in regards to this content or any other aspect of your property management needs.