Like tenants, California law, (CA Civil Code 1940-1954.05) gives landlords a bevy of rights., including those protected under the legal termination and eviction process in California. Fundamental among them is the right to legally evict a tenant for lease violations. A landlord never wants to evict a tenant, but sometimes filing for eviction is necessary.
The following guidelines describe the legal eviction process of evicting a tenant in California under non-Covid circumstances.
Landlords must understand the eviction law to ensure the process is conducted according to legal requirements. The California law requires careful attention to detail to ensure that landlords follow proper procedures when handling a tenant's eviction.
Since the Covid epidemic, the state of California and many local jurisdictions have enacted tenant protections under the Tenant Protection Act that supersede normal eviction proceedings. These Covid-related tenant protections under the Tenant Protection Act are ever-changing, and we highly recommend landlords seek legal counsel to help them navigate this process until all Covid tenant protections are lifted.
When evicting a tenant for lease violations, a landlord must follow the proper steps in the eviction process for it to be successful. They can't evict tenants without reasonable cause, like a breach of any lease agreements signed.
We recommend that California landlords and property managers consult a legal expert for guidance and proper representation throughout the California eviction process and understanding of the law. The law provides specific procedures that landlords must follow to ensure a lawful eviction of tenants.
Some of the things an eviction attorney will take into consideration when a landlord is looking to evict a tenant include:
The city in which the rental unit is located
What type of property do the tenants live in? (E.g., SFR, Condo, or Apartment)
What is the specific lease violation made by the tenant? (E.g., Property damage or Non-payment of rent)
Is the property subject to rent control?
What is the ‘just cause’ reason for the legal written notice to vacate?
Is there a current local ordinance in place that supersedes the county or state legislation?
If the attorney determines it can move forward, here is what a landlord can expect to take place under general proceedings.
Please note, however, that it is by no means a substitute for an attorney nor is it an attempt to give legal advice.
Please seek legal advice from a qualified attorney to learn more about the law and the proper steps a landlord must take.
The law is complex, and understanding it fully requires professional legal guidance to ensure all tenant-related matters are handled correctly.
Step #1: Post/Deliver Proper Notice
The first step in any tenant eviction process begins with a California eviction notice. Landlords must give the tenant and the other tenants notice of eviction. A written notice must meet three criteria for it to be effective.
A) It must be relevant to the violation committed by the tenant
Different eviction notices serve different purposes. A “Notice to Quit or Pay”, for example, should only be served to a tenant who fails to pay rent. If a landlord serves the notice for a different rental agreement violation, the tenant eviction process will most likely be dismissed in a California court and they will have to begin again by serving the notice.
B) It must inform the tenant of the specific violation(s) committed
Well, it must also provide them with a timeline. For example, the 3-Day Notice to Quit or Pay gives the tenant 3 days to either cover the unpaid rent or move out. After the initial notice period, California eviction laws state that if the tenant fails to either pay or move out, an eviction lawsuit can be filed against them.
If a tenant refuses to move out after the California eviction laws have been followed, often the court decides to forcibly remove them from the premises. The evictions must comply with California eviction laws to avoid being classified as retaliatory or discriminatory.
C) It must contain correctly listed information such as:
Tenant(s) name(s)
The property address for which rent is paid
Date when you, the landlord, made the rent demand to the tenant(s)
Landlord name, address, and contact information where rent is payable
The amount of overdue rent tenants owe
A certificate of service indicating how the notice was served to the tenant
Your signature
Step #2: File and Serve the Complaint
Once the notice period ends and the tenant has not moved out, the next step is to file and serve a complaint with the Superior Court of the applicable county in California. The complaint and summons are also referred to as an Unlawful Detainer.
We highly recommend you file an Unlawful Detainer lawsuit through your attorney, ensuring compliance with California eviction laws. This step will include the court filing fees associated with the Unlawful Detainer lawsuit, as well as attorney’s fees.
Now, there is a certain way in which the summons and complaint and the Unlawful Detainer must be served, according to California eviction laws.
We recommend going through a professional service provider. The service must be done in any of the following ways, in compliance with California eviction laws:
Through personal delivery
Leaving a copy at the tenant’s workplace or mailing it to them via first-class mail
Posting it in a conspicuous place on the rental unit
The summons and complaint allow the tenant to respond to the eviction. If the tenant chooses to answer, they will have 5 business days to do so. Afterward, an eviction lawsuit can be filed. If the tenant responds to refute the claims made against them, the court will tell the landlord how to proceed. Note that court costs may vary.
Step #3: Court Hearing & Judgment
The eviction hearing will be set by the court. Once a trial date is set and any filing fee is processed, it'll be time for court and the legal eviction procedure to truly begin. You, as the landlord, should attend the hearing prepared with the following:
A copy of the lease agreement
A copy of the notice of eviction
The complaint
Any supporting evidence/documentation
If the tenant fails to show up for the eviction hearing, it's likely the judge will rule a default judgment in favor of the landlord.
Step #4: Writ of Execution
If the landlord files for eviction and the process works in their favor, this is the tenant’s final notice to move out of the rental premises and states a date determined by the court. If the tenant has not vacated by the court-appointed date, Sheriff’s deputies will appear at the rental unit and forcefully remove them, thereby carrying out the eviction.
This is commonly referred to as “the lockout date” because the Landlord can have the locks changed at this time.
Bottom Line
If you're the landlord of a rental property in California, it’s challenging but very important to be up to date on local landlord-tenant laws. A tenant who does not live up to their end of the lease agreement (including refusing to pay rent, partaking in illegal activity, etc) are subject to evictions..
Understanding the California eviction process with proper representation from an attorney is key. More importantly, however, is proper tenant screening to greatly reduce your chances of having a bad experience in the first place.
As a landlord, it’s also important that you understand the state's landlord-tenant laws, security deposit laws, and regulations relating to breaking a lease agreement. The Mike Dunfee Group can help you with all of this.
So consider contacting us for your property management needs. You don’t need to manage your rental unit on your own. We can help you realize your investment property’s full potential.
Disclaimer: This blog isn’t a substitute for legal help and advice from a licensed attorney in your state. Consider speaking with a professional who provides legal services. If you have any questions regarding this content or any aspect of rental management, Mike Dunfee Group can help.
