Key Takeaways
- The eviction process in California is a crucial aspect of property management that all landlords should be educated on.
- Landlords who are uneducated on the eviction process run the risk of getting into legal trouble.
- Partnering with a property management company can ensure legal compliance and bring peace of mind.
As a landlord, you cannot evict a resident by locking them out, throwing out their belongings, or shutting down their utilities. The process must conform to the statewide eviction process. In California, the process is outlined under the state’s Civil Code 1940-1954.06, and from start to finish, you can expect the process to take anywhere between five and eight weeks. It can also take longer, depending on the eviction reason and whether the tenant contests their removal.
In this post by Uplift PM, you’ll learn all the important basics of the tenant removal process. From the notice requirements, to tenant eviction defenses, to the court hearing, to obtaining the court order.
What’s the Eviction Process in California?
As a savvy landlord, only consider evicting a tenant after exhausting all other options. Why? Because the process can be stressful, costly, and time-consuming. Also, the likelihood of making mistakes during the process can be high, especially if you don’t involve an expert.
Regardless, though, here’s a basic overview of the process a landlord must follow to successfully evict a resident.
Have a Legal Ground for Evicting the Resident
Landlords must have a legitimate reason to kickstart an eviction process against a resident, or the eviction is illegal. In California, the reasons include the following.
- The resident not paying rent after it becomes due.
- The resident staying after their has expired.
- The resident violating a term of the rental agreement
- The resident committing an illegal activity while on the property.
Terminate the Lease Agreement
As a basic summary, once you have a legal cause, you can move on to the next step and terminate the lease agreement. This will require you to serve the resident with the appropriate eviction notice.
You must be careful to choose the right notice based on the violation committed. The notices can be curable or not, depending on the violation the resident has committed. They are as follows.
3-Day Notice for Nonpayment of Rent
The purpose of this written notice is to terminate the lease of a resident who hasn’t paid the due rent. It gives the resident a maximum of 3 business days to pay the unpaid rent.
In California, rent becomes due on the first day of every month, unless the lease states otherwise. The payment then becomes late the day immediately after. Unlike some other states, there is no mandatory grace period requirement in California.
30/60-Day Notice for Tenants without a Lease
California allows landlords to evict “tenants at will.” These are residents who occupy their rented premises without a lease agreement. For residents without a lease or a lease of less than 1 year, you must give them a 30-day notice to vacate the unit.
For residents with leases of at least one year, you must serve them a 60-day notice to move out.
This eviction notice is not curable. The resident must move out of the unit within the 30-or 60-day period, or else risk a court-ordered eviction should you choose to escalate the proceedings.
3-Day Notice for Lease Violations
A tenant must abide by certain responsibilities after establishing a lease with the landlord. For example, maintain the unit’s cleanliness and sanitary conditions, and make minor repairs per the lease.
The eviction notice allows them to fix the issue or move out within 3 days. If they fix the issues, great! However, if they choose not to, you can move forward and file an eviction lawsuit.
3-Day Notice for Illegal Activities or Repeat Violations
Just like other states, California landlords can evict residents who engage in illegal activities while on their rented premises. To begin the eviction process against the resident, first serve them a 3-day notice to move out. The same notice also applies to residents who engage in repeat violations.
In California, illegal activity includes the following actions.
- Prostitution
- Criminal threats or criminal activity
- Criminal nuisance
- Use of a firearm
- Excessive property damage
- Illegal drug activity
Serve the Resident with an Eviction Notice
Landlords must serve eviction notices on residents through state-sanctionedmethods. In California, you have the following options.
- Hand the notice to the resident in person.
- Leave a copy with a person of a suitable age if you are unable to serve it to the resident. You must also mail another copy to the resident.
- Post a copy of the notice in a conspicuous area on the property. You must also deliver another copy to the tenant via mail, and hand another one to a person of a suitable age residing on the property.
Wait for the Resident to File an Answer
Residents in California, just like elsewhere in the country, have a right to fight, file a response, and challenge their eviction case. However, in California, to respond to an eviction complaint, you don’t have to be formal and have it in writing like in some other states.
The following are examples of legal defenses a resident can give to stop their eviction in California.
- The process had some substantial errors, such as not providing the proper notice period.
- You pursued the eviction action because the resident exercised alegal right.
- You pursued the eviction action because of the resident’s race, color, nationality, religion, or any other protected class.
- The resident conformed to the eviction notice within the notice period. For instance, they paid the due rent within 3 days.
- The resident didn’t violate any terms of the lease.
Attend the Court Hearing
Usually, the court process in California usually schedule hearings within 20 days after landlords file their summons and complaints. Make sure to come prepared for the hearing to maximize the chances of a favorable ruling. Some of the documents to carry include a copy of the lease, eviction notice, the complaint, and any supporting evidence.
If the court’s ruling is in your favor, you’ll be issued with a writ of execution. This will be the tenant’s final notice to move out. If they don’t, the sheriff will have no other option but to carry out a forceful eviction.
Conclusion
The only way to evict a resident in California is by obtaining a court order. You cannot use illegal methods like shutting down their utilities, locking them out, or removing their personal belongings.
For expert help in any aspect of managing a rental unit or rental property in San Diego or Temecula, look no further than Uplift PM. Get in touch to learn about our full-service property management services!
Frequently Asked Questions About The California Eviction Process
How Can Landlords Avoid Problems With California Eviction Laws?
Landlords can reduce the risk of procedural problems by confirming the legal basis for the eviction, using the appropriate notice, following applicable service requirements, and maintaining accurate records. California eviction requirements can vary depending on the reason for the eviction and the circumstances of the tenancy.
Because mistakes can affect a case, owners should review current requirements before taking action and consider professional legal guidance when appropriate. California Courts provides current information about residential eviction procedures and the documents used in unlawful detainer cases.
What Happens After An Unlawful Detainer Complaint Is Filed?
After an unlawful detainer lawsuit is filed, the landlord must have the summons and complaint properly served on the tenant. The tenant then has an opportunity to respond, and the case can proceed toward a trial or other court resolution depending on whether a response is filed.
Owners should carefully preserve the lease, notices, service documentation, payment records, communications, and other evidence relevant to the case. California Courts identifies the Complaint—Unlawful Detainer as the document that starts a residential eviction case.
How Should Landlords Handle Having Court Papers Delivered To A Tenant?
Landlords should use a person who is legally permitted to serve the summons and complaint rather than attempting to serve the papers themselves when the law does not allow it. Proper service is an important part of the court process, and the server’s actions are documented through a Proof of Service.
Because service requirements can depend on the circumstances, owners should follow current California court procedures carefully. If service is completed incorrectly, it may create procedural complications that can affect how an eviction case proceeds.
What Happens If A Landlord Wins An Eviction Case?
If a landlord wins an eviction case, the court can issue a Writ of Possession directing the sheriff to enforce the judgment. A landlord should not attempt to remove the tenant personally or use measures such as changing the locks or shutting off utilities.
The sheriff handles the physical enforcement of the eviction after the appropriate court process. Owners should also understand that winning a case does not mean every step has been completed immediately; enforcement follows the court’s procedures and applicable requirements.
What Should Landlords Know Before They Try To Evict Tenants?
Before attempting to evict tenants, landlords should verify that they have a legally recognized basis for the action and have followed the applicable notice requirements. Depending on the circumstances, an eviction may involve requirements beyond the general process described in a basic overview.
California Courts notes that tenants may raise defenses involving improper notices, local protections, or other applicable laws. Owners should therefore review the specific circumstances of the tenancy before proceeding and obtain qualified legal guidance when they need advice about how the law applies to their situation.
How Does The Tenant Protection Act Affect California Evictions?
The Tenant Protection Act may provide eviction protections to certain California renters, depending on the property and tenancy circumstances. California Courts specifically identifies the Tenant Protection Act as one potential defense in an eviction case and notes that local rent or eviction laws may also provide protections.
Landlords should determine whether the property and tenancy are covered before relying on a particular eviction reason. Because exemptions and requirements can be fact-specific, owners should review current California requirements and seek qualified legal advice when they are unsure whether the Tenant Protection Act applies.