Evictions are never pleasant, even in California. But landlords face this harsh reality, which is distasteful to all involved parties. Despite careful screening, sometimes you end up with a tenant who decides not to pay or is not a good fit. Sometimes an eviction is necessary even if you are friends with the tenant.
Eviction is a legal process, and it's essential to understand the laws and regulations to follow the correct procedures. In California, the landlord must provide a written notice, and if the tenant does not comply, the landlord can then file an unlawful detainer lawsuit.
Unlawful detainers, or evictions, are often fraught with difficulties. But if you follow the rules and laws, you can evict a problematic tenant. A legal consultation is strongly recommended before making any decisions regarding eviction.
What Is the Eviction Process in California?
Evictions in California are commonly referred to as unlawful detainer actions, and they may occur as soon as 24 hours after the first notice to vacate. However, most tenants attempt to save their homes, delaying the process for weeks or months.
There are two possible reasons for the landlord to end a tenant's tenancy:
- At-fault: where the tenant is liable for the actions (or inactions), such as not paying rent, criminal activity, or violating the lease agreement;
- No-fault: where the landlord has an independent reason for ending the tenancy. For example, when the landlord wants to move into the rental.
Following court etiquette will ensure a smooth process and a favorable ruling from the judge.
Legal Grounds to Evict a Tenant in California
To evict a tenant, a landlord must have a legal basis. If the landlord has a cause, they may begin the eviction process if the tenant fails to correct the problem within a reasonable amount of time. Some legal reasons include the following:
- A tenant who fails to pay rent despite a notice
- Violation of a rental lease
- Property damage
- Inhabitants exceeding the allowed number
- Illegal behavior
- Consistently harming or disrespecting others
- Problems with rental units
- Subletting or assigning the rental unit against the lease
- Renters without a lease or with an expired contract
Other Reasons for Eviction in California
Landlords will typically serve tenants with 30 or 60-day termination notices in these cases. A 30-day notice will suffice if a tenant has resided in the property for less than one year. The landlord must serve a 60-day notice if the tenant has lived in the property for at least a year.
Exceptions to this rule include tenants at will who have never signed a rent agreement with their landlord.
Here are some examples of reasons why the landlord doesn't have a cause:
- Owner, spouse, or family intending to occupy the property
- Exiting the rental market
- Constructive eviction
- Complying with a government order
- Demolition or significant remodeling
How to Start Eviction Process in California
California law prohibits self-help evictions. In other words, a landlord must go through the courts and get an eviction order in order to carry out an eviction. Here is a step-by-step eviction process in California to follow:
1. Issue a notice of eviction
To evict a tenant, you must notify them of the issue that has put them on the eviction radar. In this notice, recommend a course of action and inform them when you plan to evict them if they do not fix the problem.
If there is a serious problem, the tenant doesn't have to get a chance to fix it, but they must be given adequate time to respond.
- Overdue/late rent: 3-day notice to pay or vacate
- Breach of lease terms: 3-day notice to fix or vacate
- Acts of illegality/public nuisance: 3-day notice with staying chance
- Early lease termination by the Landlord: A 30-day notice to quit (for less than one year) or a 60-day notice to quit (if the tenant has lived there more than one year).
2. File papers
It is time to file three papers in your local court if no solution has been found by the end of the notice period: the Summons, the Complaint, and the Civil Case Cover Sheet. These three forms will help you explain why there is a dispute between you and the tenant to the court.
3. Serve the tenant
A third-party process server or service must serve the summons and complaint. It is necessary to either give the tenant the papers directly or mail them and post them in a visible place on the property so that the tenant is aware of them.
Quote Block: Proof of Service of Summons must be completed by the person who serves the paperwork to prove that it has been properly delivered to the tenant(s).
4. The waiting period
Tenants have five business days to respond if they are served in person. Response time is fifteen business days if the tenant is served by mail.
If there is no response:
If they fail to respond, you can ask the court to proceed with eviction without their approval. It is called a default judgment. You will be issued a writ of possession when you win the case.
If they respond:
They will file an answer and serve you. A court date will be set at this point.
5. Appearing for the trial
A judge will hear your facts about why eviction is necessary during the trial. Similarly, the tenant will describe why they believe eviction is not appropriate. If you have any physical evidence to back up your assertions, you should bring it with you.
Afterward, the judge will decide whether you won (awarding you the writ of possession) or if the tenant won (you may have to pay them compensation).
Depending on the outcome, there is always a possibility that you will have to repay the tenant for any inconvenience, legal fees, or just for failing to maintain the property.
6. Evicting the tenant
With the writ of possession from the court's decision, you can have the tenant removed from the property by the local sheriff. You should not attempt a forcible entry and detainer yourself, even if you have the writ.
California Tenant Eviction Process Timeline
An uncontested eviction in California follows the timeline below:
| Timeline | Process |
|---|---|
| 3-90 business days | Notice Period |
| After the notice period ends | File the summons, complaint, and civil case cover sheet |
| 5-15 business later | The response period for tenants |
| ~20 business later | Court Ruling |
| 1-3 business later | The court serves a Writ of Possession |
| 5-40 business days | The final notice period |
You can create a valid eviction notice form that can be used throughout the country using LawDistrict. Our templates can be tailored to match state landlord-tenant laws no matter what state you live in.
Start your California Eviction Notice now
FAQ's
-
How long is the eviction process in California?
It can take 30-45 days for an eviction to be completed. The eviction process begins when the eviction court forms are delivered to your tenant.
-
How can I get a CA eviction notice?
You can create a valid CA eviction notice at LawDistrict.com. You don't have to worry about the validity of the legal templates because they can be customized to meet the laws in California or any other US state.
-
Can a landlord evict without a court order?
California law requires that a tenant be evicted through a court order. If a court does not order a tenant to leave, they can remain in the property.
-
Are there any eviction moratoriums in California?
During the COVID-19 pandemic, yes, there were eviction moratoriums, but those have ended by the end of June 2022. Regardless, evictions in California have already returned to pre-pandemic levels.
Evictions are never pleasant, even in California. But landlords face this harsh reality, which is distasteful to all involved parties. Despite careful screening, sometimes you end up with a tenant who decides not to pay or is not a good fit. Sometimes an eviction is necessary even if you are friends with the tenant.
Eviction is a legal process, and it's essential to understand the laws and regulations to follow the correct procedures. In California, the landlord must provide a written notice, and if the tenant does not comply, the landlord can then file an unlawful detainer lawsuit.
Unlawful detainers, or evictions, are often fraught with difficulties. But if you follow the rules and laws, you can evict a problematic tenant. A legal consultation is strongly recommended before making any decisions regarding eviction.
What Is the Eviction Process in California?
Evictions in California are commonly referred to as unlawful detainer actions, and they may occur as soon as 24 hours after the first notice to vacate. However, most tenants attempt to save their homes, delaying the process for weeks or months.
There are two possible reasons for the landlord to end a tenant's tenancy:
- At-fault: where the tenant is liable for the actions (or inactions), such as not paying rent, criminal activity, or violating the lease agreement;
- No-fault: where the landlord has an independent reason for ending the tenancy. For example, when the landlord wants to move into the rental.
Following court etiquette will ensure a smooth process and a favorable ruling from the judge.
Legal Grounds to Evict a Tenant in California
To evict a tenant, a landlord must have a legal basis. If the landlord has a cause, they may begin the eviction process if the tenant fails to correct the problem within a reasonable amount of time. Some legal reasons include the following:
- A tenant who fails to pay rent despite a notice
- Violation of a rental lease
- Property damage
- Inhabitants exceeding the allowed number
- Illegal behavior
- Consistently harming or disrespecting others
- Problems with rental units
- Subletting or assigning the rental unit against the lease
- Renters without a lease or with an expired contract
Other Reasons for Eviction in California
Landlords will typically serve tenants with 30 or 60-day termination notices in these cases. A 30-day notice will suffice if a tenant has resided in the property for less than one year. The landlord must serve a 60-day notice if the tenant has lived in the property for at least a year.
Exceptions to this rule include tenants at will who have never signed a rent agreement with their landlord.
Here are some examples of reasons why the landlord doesn't have a cause:
- Owner, spouse, or family intending to occupy the property
- Exiting the rental market
- Constructive eviction
- Complying with a government order
- Demolition or significant remodeling
How to Start Eviction Process in California
California law prohibits self-help evictions. In other words, a landlord must go through the courts and get an eviction order in order to carry out an eviction. Here is a step-by-step eviction process in California to follow:
1. Issue a notice of eviction
To evict a tenant, you must notify them of the issue that has put them on the eviction radar. In this notice, recommend a course of action and inform them when you plan to evict them if they do not fix the problem.
If there is a serious problem, the tenant doesn't have to get a chance to fix it, but they must be given adequate time to respond.
- Overdue/late rent: 3-day notice to pay or vacate
- Breach of lease terms: 3-day notice to fix or vacate
- Acts of illegality/public nuisance: 3-day notice with staying chance
- Early lease termination by the Landlord: A 30-day notice to quit (for less than one year) or a 60-day notice to quit (if the tenant has lived there more than one year).
2. File papers
It is time to file three papers in your local court if no solution has been found by the end of the notice period: the Summons, the Complaint, and the Civil Case Cover Sheet. These three forms will help you explain why there is a dispute between you and the tenant to the court.
3. Serve the tenant
A third-party process server or service must serve the summons and complaint. It is necessary to either give the tenant the papers directly or mail them and post them in a visible place on the property so that the tenant is aware of them.
Quote Block: Proof of Service of Summons must be completed by the person who serves the paperwork to prove that it has been properly delivered to the tenant(s).
4. The waiting period
Tenants have five business days to respond if they are served in person. Response time is fifteen business days if the tenant is served by mail.
If there is no response:
If they fail to respond, you can ask the court to proceed with eviction without their approval. It is called a default judgment. You will be issued a writ of possession when you win the case.
If they respond:
They will file an answer and serve you. A court date will be set at this point.
5. Appearing for the trial
A judge will hear your facts about why eviction is necessary during the trial. Similarly, the tenant will describe why they believe eviction is not appropriate. If you have any physical evidence to back up your assertions, you should bring it with you.
Afterward, the judge will decide whether you won (awarding you the writ of possession) or if the tenant won (you may have to pay them compensation).
Depending on the outcome, there is always a possibility that you will have to repay the tenant for any inconvenience, legal fees, or just for failing to maintain the property.
6. Evicting the tenant
With the writ of possession from the court's decision, you can have the tenant removed from the property by the local sheriff. You should not attempt a forcible entry and detainer yourself, even if you have the writ.
California Tenant Eviction Process Timeline
An uncontested eviction in California follows the timeline below:
| Timeline | Process |
|---|---|
| 3-90 business days | Notice Period |
| After the notice period ends | File the summons, complaint, and civil case cover sheet |
| 5-15 business later | The response period for tenants |
| ~20 business later | Court Ruling |
| 1-3 business later | The court serves a Writ of Possession |
| 5-40 business days | The final notice period |
You can create a valid eviction notice form that can be used throughout the country using LawDistrict. Our templates can be tailored to match state landlord-tenant laws no matter what state you live in.
Start your California Eviction Notice now
FAQ's
-
How long is the eviction process in California?
It can take 30-45 days for an eviction to be completed. The eviction process begins when the eviction court forms are delivered to your tenant.
-
How can I get a CA eviction notice?
You can create a valid CA eviction notice at LawDistrict.com. You don't have to worry about the validity of the legal templates because they can be customized to meet the laws in California or any other US state.
-
Can a landlord evict without a court order?
California law requires that a tenant be evicted through a court order. If a court does not order a tenant to leave, they can remain in the property.
-
Are there any eviction moratoriums in California?
During the COVID-19 pandemic, yes, there were eviction moratoriums, but those have ended by the end of June 2022. Regardless, evictions in California have already returned to pre-pandemic levels.
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