In California, tenant eviction is a formal legal process with specific steps that landlords must follow to legally remove a tenant from their property. If a landlord fails to comply with these steps, the eviction could be delayed or dismissed, and they may even face legal action. Here’s an overview of the California eviction process:
California law restricts eviction to certain causes, especially in areas covered by rent control or "just cause" eviction ordinances, such as:
Non-payment of Rent: The tenant has failed to pay rent.
Violation of Lease Terms: The tenant has breached lease terms (e.g., unauthorized subleasing, illegal activity, property damage).
No-Fault Just Cause: If a property is being removed from the rental market or is required for landlord or family use (specific to certain cities).
End of Lease: When a lease term ends and the landlord doesn’t wish to renew it, provided a notice was given.
Some cities require "just cause" for eviction, and state laws regulate this in specific situations, especially for long-term tenants.
The first formal step in eviction is providing the tenant with a written notice. There are different types of notices depending on the reason for eviction:
3-Day Notice to Pay Rent or Quit: Issued for non-payment of rent. It gives the tenant three days to pay rent or vacate.
3-Day Notice to Cure or Quit: Issued if the tenant violated a lease term (e.g., unauthorized pets, noise violations). The tenant has three days to fix the issue or vacate.
3-Day Unconditional Quit Notice: Used only in serious cases, like illegal activity on the premises. The tenant has three days to vacate without an option to remedy.
30-Day or 60-Day Notice to Vacate: For tenants on month-to-month agreements. A 30-day notice applies if the tenant has been in the unit for less than a year; a 60-day notice applies if they’ve been there a year or more.
90-Day Notice: Applies to Section 8 or subsidized housing.
Important: Notices must be correctly served—delivered in person, posted on the property with a copy mailed, or sent via certified mail if the tenant cannot be reached.
Once served, the tenant has a specific amount of time to respond, depending on the notice type. For instance, if they receive a 3-Day Notice to Pay Rent or Quit, they have three days to either pay rent or move out. If the tenant complies, the eviction process stops.
If the tenant doesn’t comply with the notice, the landlord must file an Unlawful Detainer lawsuit in the local court to legally remove the tenant. The steps involved include:
File a Complaint: The landlord files an eviction lawsuit (Complaint) with the court, and a fee is required.
Serve the Tenant: The tenant must be served with court papers (summons and complaint) by a registered process server, sheriff, or someone not involved in the case.
After being served, the tenant has:
5 Days to respond by filing an answer to the lawsuit if personally served.
If they fail to respond, the landlord can file for a default judgment, granting the landlord a judgment to evict the tenant.
If the tenant files an answer, a court date is set, and both parties will present their case before a judge.
Both landlord and tenant will present evidence and arguments at the hearing. The judge will review the case and make a decision based on the facts presented. Possible outcomes include:
Judgment in Favor of the Landlord: The landlord receives a writ of possession, allowing them to regain possession of the property.
Judgment in Favor of the Tenant: The tenant can remain in the property, and the eviction process ends.
If the judge rules in favor of the landlord, the court issues a writ of possession, which authorizes the sheriff to remove the tenant. The steps are:
Sheriff Serves the Writ: The sheriff will post the writ on the tenant’s door, giving them typically five days to vacate.
Physical Eviction: If the tenant hasn’t left after the five days, the sheriff will return to remove the tenant from the property.
If the landlord was awarded a monetary judgment for unpaid rent or damages, they can pursue collection. Options include wage garnishment, bank levies, or payment plans, though these processes require separate legal actions.
Just Cause and Local Laws: California has strict eviction laws that vary by city. Some cities, like Los Angeles and San Francisco, have additional eviction protections for tenants.
COVID-19 and Additional State Protections: Various tenant protections have been in place or extended in California. Be sure to verify any local or state eviction moratoriums or new requirements that may affect the process.
Seek Legal Assistance: The eviction process can be complicated and may require a landlord-tenant lawyer to ensure compliance with California’s strict rules.
The eviction process in California generally takes between one to three months, but complex cases or tenant defenses can extend it further.
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Overview of the eviction process
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