A Guide to the Eviction Process in California

The eviction process as well as all landlord-tenant laws in California is crucial for your success as a landlord. You must follow the correct eviction procedure when seeking to remove a tenant from your rental unit.

Understanding the intricacies of the eviction process will ultimately help you to mitigate any potential disputes over rental agreements.

In this blog post, we will explore the key aspects of the eviction process, including the valid reasons to evict tenants, the notice requirements, the legal procedures involved, and the potential challenges that may arise during the eviction process. 

Justified Reasons to Evict a Tenant

First, let’s cover the justified and unjustified reasons to evict a tenant. 

In the state of California, landlords possess the legal right to initiate the eviction process under specific circumstances. The reasons for lease termination with corresponding notice periods are as follows:

Nonpayment of Rent

Suppose a tenant fails to pay rent. In that case, a landlord can issue a 3-day Notice for termination, providing the tenant with a brief three-day window to settle the outstanding rent or face eviction. You can use the tenant’s security deposit to cover this unpaid rent. 

End of / No Lease

In cases where the lease has reached its natural end or if the tenant is on a month-to-month agreement without a formal agreement, the landlord can serve a 30-Day Notice for a tenant with occupancy of one year or less and a 60-Day Notice for tenants occupying the rental for over one year.

Lease Violation

Should a tenant breach the terms and conditions outlined in the lease or rental agreement, the landlord can issue a 3-day Notice for lease termination. This provides the tenant with three days to rectify the specified breaches or leave the rental unit.

Illegal Activity

Engaging in illegal activities within the rental unit warrants swift action. In such cases, a landlord can issue a 3-day Notice for tenancy termination, giving the tenant three days to cease illegal activities or face eviction.

Unjustified Reasons to Evict a Tenant

Tenants are safeguarded by laws designed to protect their rights. Two prohibited forms of eviction are particularly noteworthy:

Self-Help Evictions

The state strictly prohibits landlords from engaging in a "self-help" eviction process, where a landlord attempts to force a tenant out without following the proper legal procedures. 

This includes actions such as changing locks, shutting off utilities, or removing a tenant's belongings without a court order. Engaging in self-help evictions is unlawful and can lead to severe legal consequences or a lawsuit for landlords.

Retaliatory Evictions

Retaliatory evictions occur when a landlord tries to evict a tenant lawfully exercising their rights, such as reporting code violations or affiliating with a tenant association. 

California law forbids landlords from retaliating against tenants who assert their rights. Should a landlord embark on legal proceedings as an act of retaliation, it is deemed illegal, and the affected tenant may avail themselves of legal remedies to contest the eviction in court.

The California Eviction Process

Let's break down the eviction process in California into detailed steps:

Landlord Serves Tenant Written Notice

Start the eviction process by serving the tenant with a written notice. The specific type of notice issued depends on the grounds for eviction. 

• 3-Day Notice to Quit (Nonpayment of Rent)

If the reason for eviction is due to the tenant failing to pay rent, the landlord issues 3-day Notices to Quit. This tenant notice provides a three-day window to either settle the outstanding rent or move the premises.

• 30-Day Notice to Vacate (Month-to-Month Leases)

In the case of a month-to-month tenancy, landlords typically serve 30-day Notices to Move. This eviction notice grants the tenant 30 days to move the rental, allowing for a reasonable timeframe for relocation.

• 60-Day Notice (Occupancy for Over One Year)

For tenants who have occupied the dwelling for one year or more, a 60-day Notice is required. This notice extends a two-month timeframe for the tenant to prepare to leave.

• 3-Day Notice to Perform Covenants or Vacate (Rental Agreement Violations)

In instances where there are lease violations, landlords issue 3-day Notices to Perform Covenants or Vacate. This gives the tenant three days to rectify the specified breaches or lease the dwelling.

Landlord Takes Legal Action

Suppose the issues highlighted in the proper notice persist beyond the specified timeframe. In that case, the landlord can take the eviction process to the next step by filing a complaint with the appropriate California court. Filling out the official eviction court forms marks the start of formal eviction proceedings.

Court Officially Notifies Tenant

Following the filing of the eviction lawsuit, the court formally notifies the tenant by serving them with a Summons and a copy of the complaint. Under California law, this signals the initiation of legal action against the tenant.

Tenant Responds with an Answer

The tenant, within a designated time frame, has the chance to respond to the Summons and Complaint by filing an answer. This represents the tenant's opportunity to present their perspective, raising any defenses or disputes they may have. 

Court Conducts Hearing and Renders Judgment

Subsequently, a court hearing is scheduled, during which both parties present their cases. The court judge reviews the evidence and arguments presented and issues a judgment that ultimately determines whether the eviction is granted or denied.

Issuance of Writ of Possession

Upon court approval of the eviction, the landlord secures a Writ of Possession, a legal document empowering law enforcement to remove the tenant from the property if voluntary departure is not achieved within a specified timeframe.

Law Enforcement Restores Possession to Landlord

With the obtained Writ of Possession from the court, law enforcement, commonly represented by a constable or sheriff, carries out the eviction. The sheriff's role involves physically relocating the tenant from the property and restoring possession to the landlord.

Final Words

From the initial service of eviction notices to court proceedings and, if necessary, the physical enforcement of removal, each step demands careful attention and adherence to the California eviction laws.

For landlords and tenants alike, it is crucial to be well-informed about their rights and responsibilities throughout the eviction process to ensure a fair and lawful resolution. 

For expert assistance and guidance in property management matters, consider reaching out to C&C Property Management. Their experienced team is well-versed in California's tenancy laws and can provide the support needed for a smooth and lawful resolution.

Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.