Eviction Process in California

Key Takeaways

• Follow California’s eviction process exactly as outlined in state law to avoid delays, legal challenges, or having your case dismissed.

• The type of eviction notice you serve must match the specific lease violation or legal reason for terminating the tenancy.

• Improper notice, self-help eviction tactics, retaliation, or discrimination can give tenants valid legal defenses that may stop or delay eviction.

Difficult residents are every landlord’s worst nightmare. They may result in nonpayment of rent, breach of the terms of the lease, or cause excessive property damage, among other issues. Luckily for you, California landlord-tenant law allows you to evict noncompliant tenants from your rental investment property.

The statewide landlord-tenant law provides landlords with clear rules on the exact procedures to follow. These are specifically outlined under the Code of Civil Procedure, Section 1159. Including, the eviction notice to serve, the timeframe for residents to respond, and possession procedures. 

In this guide by Keyrenter Newport Beach, you’ll learn the step-by-step process you must follow when evicting a difficult resident in California.

A Guide to the Eviction Process in California 

To successfully evict residents in California, you must follow the proper eviction procedures, regardless of the violation the resident has committed. Failure to comply with local eviction laws can lead to costly legal issues.  

You must not try, for instance, to engage in “self-help” eviction procedures. These include locking out the resident, shutting down their utilities, or removing their personal belongings from their rental unit. Neither should you attempt to coerce the resident to leave or threaten them with an eviction. 

Furthermore, evictions based on discriminatory- or retaliatory actions are a no-no as well. 

Notice for Lease Termination with Legal Cause 

To begin the eviction process against a resident, you must first pinpoint the exact reason for eviction. You cannot just evict a resident for whatever reason that comes to mind.

Common reasons for eviction in California include nonpayment of rent, a breach of a lease term, or serious misconduct. Next, you must serve the resident with an appropriate eviction notice. The eviction notice must depend on the violation the resident has committed. 

The following are the different eviction notice types a landlord can use in California. 

1. 3-Day Notice to Pay Rent or Quit 

You can use this eviction notice type when a resident fails to pay rent after it falls due. 

2. 3-Day Notice to Perform Covenant or Quit

In California, landlords can use this to evict residents who engage in curable lease violations. For example, residents who keep unauthorized pets or occupants. 

3. 3-Day Notice to Quit (Noncurable)

You can use this if a resident has engaged in severe offenses. For example, property destruction, nuisance, or illegal conduct. 

4. 30-/60-Day Notice to Terminate Tenancy

You can use these when carrying out no-fault evictions. For instance, if looking to move into the unit yourself, a need to make significant repairs to the unit, or if looking to take the unit off the market. 

Serving a Tenant with an Eviction Notice in California 

In California, eviction notices must be served strictly in accordance with state law to be legally valid. One acceptable method is personal delivery, where the notice is handed directly to the tenant.

If the tenant is not available, the landlord may leave a copy with another responsible member of the household, but an additional copy must also be sent to the tenant by mail.

When neither option is possible, the notice may be posted in a conspicuous place on the property, such as the front door. In this case, the landlord must also mail a copy of the notice to the tenant and leave another copy with a household member to ensure proper service.

Tenant Eviction Defenses in California 

It is equally important to follow the correct eviction procedure throughout the process, as failing to do so can give the tenant legal grounds to challenge or delay the eviction. In California, tenants may raise several defenses if the eviction is handled improperly. 

These include situations where the landlord used an incorrect or defective eviction notice, attempted an illegal “self-help” eviction such as changing locks or shutting off utilities, or accused the tenant of a lease violation that did not actually occur. 

A tenant may also defend against eviction if they corrected the alleged violation within the notice period, if the eviction was initiated in retaliation for exercising a legal right, or if the eviction was based on discrimination against a protected class, such as race, religion, national origin, or another federally protected category.

Attending a Court Hearing 

Before a court’s clerk assigns a hearing date, the resident will get an opportunity to file an answer. If the resident fails to do so, you may request the court to file a default judgment. 

Regardless, though, if the judgment is in your favor, the judge will issue you a Judgment for Possession. The resident will have up to 5 calendar days to file an appeal.

With a Writ of Execution, you’ll need to request the court for a Writ of Possession. This will mark the final deadline before law enforcement steps in to forcibly remove the resident (if need be). 

Bottom Line

If considering evicting a resident in California, this is the step-by-step process you must follow. Using any other method, such as locking out the resident or removing their personal belongings from the unit, will fail. 

For all-around property management services in Newport Beach, CA, and its surrounding areas, look no further than Keyrenter Newport Beach. Our comprehensive property management solutions for stress-free ownership and maximized returns. Get in touch to learn more! 

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.