How Does Eviction Work in California?

No matter how thorough a landlords screening process is, odds are that they’re going to encounter a problem tenant at some point. They break your rental laws and lease agreement stipulations. Completing the California eviction process only option the landlord has.

Now, evicting tenants requires strict adherence to California eviction law. You cannot, for instance, evict a tenant through self-help means. For instance, by locking the tenant out of their rented premises, shutting off utilities, or even removing the tenant’s belongings from the rental unit. 

By doing so, a court would probably rule that the landlord have evicted the tenant “constructively,” meaning illegally.

To evict a tenant from the rental unit, the landlord will need to follow a laid out eviction proceedings. But how does the eviction process work? The following is a basic overview of the California eviction process.

1. Eviction Notices

In California, to begin to evict tenants you must start with a proper notice to serve tenants. Some notices allow the tenant to ‘cure’ their violation, while others simply require the tenant to move out.

Regardless of the notice type, the landlord must state the reason for the California eviction, as well as the appropriate notice period. What’s more, the eviction notice must be written and must be relevant to the violation committed.

Below are the different eviction notices in the state of California.

3-Days’ notice for nonpayment of rent

When a tenant fails to pay rent it is a serious violation of the lease. But even so, it’s a common lease violation. According to California law, rent becomes late the moment it becomes due. If the landlord allows for a grace period, it must make sure it’s stated on the rental agreement.

The notice gives the tenants two options: to pay due rent or simply move out of their rented premises. If the tenant pays, then the landlord must stop all legal proceedings henceforth. But if they don’t, then the landlord can move to file for an unlawful detainer lawsuit.

3-Days’ notice to comply

After tenants sign the lease, they must abide by all its terms until it expires. You must serve this notice to a tenant who has committed violations such as making illegal alterations to the property, excessive property damage, and keeping an unauthorized pet.

That being said, this notice should not be served for serious lease violations, such as illegal use of the property.

3-Days’ notice to quit

This is specifically meant for illegal activities. Examples include dogfighting/cockfighting, illegal drug activity, and illegal firearm activity. If a tenant commits any of these, you must serve them with the 3-days’ quit notice.

The notice doesn’t allow the tenant time to remedy the violation. They must move out within 3 days. If they don’t, again, you can move to file for their removal.

2. Petition Filing and Service

This is the next step in the eviction process. If the tenant doesn’t fix the violation or move out, landlords must go through legal services and file a complaint. It goes without saying that landlords must do this in an appropriate way.

The filing attracts a fee of anywhere between $385 and $435. You may also need to fork over an extra $40 for the Writ of Execution should the ruling fall in the the landlords favor. 

You must have the tenant served with the summons and complaint within sixty days once you’ve filed the complaint. If you don’t, you risk having the case dismissed by the court.

As you’re an interested party, the service must be done by another person. They must be at least 18-years old. They can service the tenant in person, by posting on a conspicuous place on the property, or leave the notice with a competent member of the household in the event the tenant isn’t available.

3. Answer Filing

Unlike some other states, California tenants don’t have to file a formal answer to an eviction complaint. Advisedly, though, you should wait out the “answer period” before proceeding with the process.

If the tenant, however, responds, you must file a request for hearing. The hearing will then take place anywhere between 5 to 15 days later.

If they don’t respond, the court will probably judge in your favor. You may then request the court to issue you with a Writ of Execution.

4. Court Hearing & Judgment

During the eviction lawsuit, the law court will allow each party to present their case. So, to improve your chances of winning the case, make sure to carry as much evidence as possible. Make sure to carry things such as a copy of the lease or rental agreement, the eviction notice, as well as any correspondences you had with your tenant regarding the same.

On your tenant’s part, they may have legal grounds to fight the eviction by presenting any of the following defenses. Common tenant eviction defenses include:

• You tried to evict the tenant using “self-help” means. As already mentioned, it’d be illegal for you to carry out the eviction yourself. You cannot do things such as lock the tenant out of the apartment, shut off their utilities, or change locks on the windows and doors.

If you do, you may face a number of penalties including paying the tenant for damages. (Cal. Civ. Code § 789.3.)

• You failed to follow the right eviction procedure. When trying to evict a tenant, you must follow the proper eviction procedure as set out on the state’s Code. If you fail to do so, a court would probably rule against you.

• You failed to maintain the unit. Under California landlord tenant law, it’s your responsibility to keep the rental premises habitable. For instance, to make sure that all doors, windows, and walls are weatherproofed. ( Civ. Code § § 1941, 1941.1, and 1941.3)

• You discriminated against the tenant. As a landlord, it’s illegal to discriminate against a tenant based on a protected class. Examples of protected classes include sex, color, national origin, disability, familial status, and race.

5. Writ of Execution

If the court rules in your favor, you can request the court for a Writ of Execution. Basically, this is a document that gives back the ownership of the property back to you. Only a sheriff or a constable can execute it.

Need help removing a problem tenant from your California rental property? If so, Halcyon Real Estate Services can help. Besides evicting tenants, we can also help you find a replacement tenant, collect rent and security deposit, maintain the unit, and more!