California grants landlords the right to evict tenants for any ‘just causes.’ There are specific ways to follow California law and legally evict if the tenant fails to adhere to the lease agreement.

A landlord has legal grounds to evict a tenant who :

• Fails to make rental payments
• Fails to abide by the terms of the lease agreement
• Engages in illegal activity while at the rental premises
• Fails to abide by their responsibilities under California Civil Code
• Fails to move out after the lease agreement or rental agreement ends

Normally, the process to evict a tenant in California takes anywhere between 5 and 8 weeks to complete. However, it may take longer depending on the exact reason for the California eviction, if the matter is taken to court, and whether a tenant contests their removal or not.

Regardless of the reason for starting the process, a landlord must follow the legal procedure for the eviction process to succeed.

The following is a basic overview of the tenant eviction process in California for landlords.

1. You must serve the appropriate written notice of eviction

Landlords can only start a California eviction process after serving the tenant in California with an eviction notice. The purpose of a notice of eviction is to terminate the lease agreement with the tenant.

There are different types of eviction notices per California law depending on the grounds on which landlords evict a tenant. The landlord have to give the tenant proper notice in order to properly follow the eviction laws and avoid performing illegal evictions.

They are as follows:

• 3 Day Notice to Pay Rent or Quit. For nonpayment of rent, a landlord in California is allowed to serve tenants a 3 days’ notice to pay rent or quit. When landlords provide written notice it will give the tenant two options to avoid getting evicted: either pay rent that is due or move out of the rental within 3 days.

If a tenant in California doesn’t pay rent or move out, the landlord can proceed with the eviction process. (Cal. Code of Civ. Proc. § 1161(2)).

• 30/60-Day Notice to Quit. A tenant who refuses to leave the rental unit after the fixed term lease agreement expires is referred to as a “holdover tenant.” The notice to serve when the landlord decide to evict a tenant depends on the length of lease agreements.

If the tenant was operating on a month-to-month lease agreement, the landlord must serve a tenant a 30 day notice to quit. But if the tenants have lived on the rental unit for more than a year and were paying rent under a lease agreement, the landlord must serve a tenant a 60-days’ notice to quit before beginning an eviction lawsuit.

If the notice expires and the tenant is still occupying the rental, a landlord may continue and evict a tenant. (Cal. Code of Civ. Proc. § § 1946 and 1946.1).

• 3-Day Unconditional Quit Notice. For an incurable lease violation, a landlord must serve this notice which informs the tenant that they have no option but to move out of the rental unit within 3 days.
• 3-Day Notice to Cure. For curable lease violations, this notice gives the tenant 3 days to correct the lease violation, like paying unpaid rent owed, or repairing minor property damage or else risk getting evicted from the property. (Cal. Code of Civ. Proc. § 1161(3)).

Curable lease violations can include having an unauthorized pet, keeping an unauthorized guest, minor property damage or when the tenant fails to maintain the unit in a clean and sanitary manner per the lease or rental agreement.

• 90-Day Notice to Quit. If a tenant occupies a unit that is due to be foreclosed upon, the tenant won’t have an option to cure their violation. The tenants must leave after the ninety days or risk getting evicted.
• 3-Day Notice to Quit. A landlord serves this notice when a tenant commits illegal activities, which automatically break the lease or rental agreement. California defines illegal activity as criminal activity, criminal threats, criminal nuisance, or unlawful business activity.

Per California eviction laws, if the tenant continues to live on their rented premises after the 3 day notice expires, the landlord can proceed with the eviction process because they provided appropriate notice.

2. You must file a summons and complaint in the applicable county

If the tenant refuses to leave after the notice period, the landlord can move to court and file a summons and complaint. The complaint is also referred to as an Unlawful Detainer in California and begins the process of an eviction lawsuit.

There is a filing fee for an unlawful detainer lawsuit. The filing fees normally range between $240 and $435.

Before going to court, the landlord must include certain important information in the complaint or unlawful detainer, such as the location of your property, the address of the property, and the type of tenancy in operation.

After the unlawful detainer is notarized by the court clerk, the summons and complaint will need to be served on the tenant. The process server must be an adult and not have any interest in the case. Typical process servers are sheriffs, marshals, and registered process servers.

3. You must wait for the tenant to answer if they choose to

The tenant will have 5 business days to respond to the complaint after the landlord files it. If the tenant responds before the court trial date, eviction lawsuits can take much longer and include additional steps.

The following are the potential defenses the tenant can give in court to fight their eviction:

• The eviction notice was improperly served or had errors
• You failed to maintain your rental unit to acceptable standards
• You discriminated against the tenant on the basis of their race, color, gender, religion, or any other protected class

However, if the tenant agreed to the lawsuit or chooses not to answer before the judge rules on the court date, you can request the court for a default judgment. Depending on a judicial officer's schedule, a default judgment can take the judicial officer anywhere between a few days to a few weeks to issue it. Then, eviction proceedings can begin.

4. You must request the court provide a Writ of Execution.

Whether a landlord wins by a default judgment or via a successful court hearing, you’ll need to request the court for a Writ of Execution. These court papers will be the tenant’s final notice to leave. If they don’t leave within the notice period, the sheriff will have no option but to forcefully evict the tenant.

Bottom Line: Eviction Laws in CA

We hope this post about the California eviction process was helpful.

It is important to know that, as a California landlord, you have the right to evict a tenant for many legally justified reasons.

However, it is crucial that you follow the proper eviction procedure in order to ensure the eviction of your tenant is successful.

For more information on the entire process for evictions in California, feel free to contact First & Main Property Management. We can help you understand the landlord-tenant laws, Fair Housing Laws, and more, and help you manage your properties and evict tenants if need be. We can even help you navigate how to pay court costs and an attorney's fees.

Disclaimer: This information is not a substitute for professional legal advice from an attorney. For expert help, First & Main Property Management can help. We not only understand California landlord-tenant law, but can also help you manage your property reliably and professionally. Get in touch today!