Key Takeaways:
- California requires a legal eviction process: Landlords generally need a valid legal reason ("just cause" in many cases), must provide the appropriate written notice, and cannot remove tenants without following court procedures.
- Notice requirements depend on the situation: Common notices include 3-day notices for unpaid rent or lease violations, and 30- or 60-day notices for certain tenancy terminations, depending on the circumstances.
- Court approval is required before eviction: If a tenant does not comply with the notice, the landlord must file an unlawful detainer lawsuit. Only after a court judgment that the landlord wins, and after sheriff enforcement, can a tenant be legally removed.
- Procedural errors can delay the process: Mistakes in notices, eviction court forms, or filing procedures can result in the eviction case being dismissed, requiring the landlord to restart the process from the beginning.
Evictions are something that no landlord ever wants to deal with. But it's always best to be prepared for these challenging circumstances. It's important for landlords to understand eviction laws in California, even if they have a stellar tenant screening process and don't think they'll ever have to evict a tenant.
However, the legal procedures of the California eviction process might be difficult for landlords to understand, which is why we at Castle Management have prepared this guide to the eviction timeline for you.
Guide to California Eviction Laws
In California, the eviction process is governed by California landlord-tenant law..
Eviction cases, also known as 'unlawful detainer lawsuits', are a legal process that occurs when landlords attempt to regain possession of their rental unit from a tenant who has not met their rental obligations.
As a rental property owner and landlord, understanding the legal eviction process can help tenants protect their rights and avoid potential pitfalls and the headache of going to court during the eviction process.
Let's have a look at the various steps that are to be followed by the landlord and the tenant in order to complete an eviction.
Termination with Legal Cause
The California Tenant Protection Act prevents landlords from evicting a tenant without just cause–– that is, they can evict tenants for breaking the lease agreement.
Tenants cannot be evicted in California due to their protected classes such as race or sexual orientation. If a landlord were to do so, that would be illegal activity and it;s highly unlikely a judge would rule in the landlord's favor.
However, there are legal grounds in which a California landlord can evict tenants, which include the following.
Non-Payment of Rent
If a resident fails to pay rent, landlords may have the legal authority to evict the renter, and in California the notice period for unpaid rent is three days, with notice periods sometimes as short as three days.
According to the statutes governing rental properties in the state of California, the rent is considered overdue beginning the day following the date on which it was originally due.
Once the appropriate notice period ends, the landlord can file and file an unlawful detainer lawsuit if the tenant still does not pay rent or move out.
End of the Rental Agreement
In California, landlords can evict a "tenant at will" or "holdover tenant" who doesn't have a lease agreement or whose lease has ended.
This changes the eviction process slightly, as there is no requirement for landlords to give a resident prior eviction notice in the following cases:
- Fixed-term leases that have ended.
- There is no lease or rental agreement.
When no eviction notice is needed, landlords can file an eviction action directly with the court without giving a tenant written notice first.
Lease Violation
Tenants are legally bound to uphold their responsibilities as outlined in the lease or rental agreement that they agreed to and signed in order to rent from the landlord. Here are some examples of rent or lease violations:
- Property damage.
- Unpaid rent.
- Possession of a pet if pets are not allowed.
- Code violations like surpassing the maximum number of occupants permitted in the building.
- Engaging in unlawful behaviour or criminal activity.
Serving a Tenant with an Eviction Notice
Landlords must give tenants written notice before starting the actual eviction process, and California notice requirements vary by the reason for the eviction, with the proper notice period ranging from 3 to 90 days.
Some of these notices are used in no-fault evictions, while others are based on tenant fault; there are four types of notices given to tenants facing evictions in California:
- 3 days to pay rent owed or vacate the property
- 30 days to quit if the tenant stayed for less than 1 year in case of lease expiration
- 60 days to quit if the tenant stayed for 1 year or more in case of lease expiration
- 3 days to cure the issue or vacate in case of violation of responsibilities
- 3 days to quit in case tenant commits serious violation
Tenant Eviction Defences in California
After the court papers are delivered to the tenant, they generally have 5 days to respond to an unlawful detainer lawsuit if served personally, and 15 days if served by mail.
In some deadline calculations used by California courts, tenants may have 10 court days to act, so weekends and court holidays are not counted. Additionally, there are some reasons a tenant can use as a defence in court during an eviction lawsuit.
They may claim:
- A "Self-Help" eviction attempt is made by the landlord
- Inappropriate eviction of tenant by landlord
- Continued unfair treatment by the landlord, such as misuse of the security deposit
- Discrimination by the landlord against the tenant
If there has been any error in the eviction process up to this point the court may dismiss the unlawful detainer lawsuit, in which case the landlord would have to start the termination and eviction process over from the beginning.
If a tenant responds, the case can move forward so the tenant can present defenses, but if the tenant fails to respond, the landlord can seek a default judgment.
Attending Court Hearing
Once the request for a hearing is submitted by the California landlord, the court schedules the next steps in the eviction court case. Both parties can retain a private attorney or use free legal services provided by the state.
At this point in the eviction process in California, landlord must use the required eviction court forms and may need a process server to deliver the summons and complaint to the tenant's home.
Both the landlord and the tenant are responsible for bringing the following items to the eviction proceedings. If the tenant responds, the court will set a trial date, and the judge decides the court case at the hearing or trial.
Make sure to have the following:
- A copy of agreement to rent the property.
- A copy of the written notice issued by the landlord mentioning the reason for filing.
- A copy of the written complaint and other court papers filed in the eviction case.
Writ of Restitution
If the landlord wins and obtains a court order in their favor, the sheriff posts a Notice to Vacate before enforcing a writ of restitution.
This document is issued by the court requiring the tenant to move out of the rental property within five days and remove any personal property from the premises; if the tenant leaves personal items behind after removal, the landlord must still follow notice rules for those personal items.
The writ of restitution also requires that all lost rent due to the landlord must be paid before or on the day of eviction, including any payment plans established between parties.
Regardless of whether the tenant disputed the eviction or not, if the judge decides in favour of the landlord, a Writ of Execution will be issued, and the procedure will continue.
The Eviction
In the California eviction process, when a landlord has obtained a writ of restitution through the courts authorising an eviction, only the Sheriff's Office can physically remove a tenant after the writ is enforced, and landlords must follow the correct legal procedures rather than use self-help eviction techniques.
These legal proceedings are governed by state laws. The tenant must be served with a Four-Day Notice to Quit before the writ of restitution can be enforced by the Sheriff's Office. Tenants are given a grace period to retrieve their possessions after an eviction.
California Eviction Laws: Bottom Line
The eviction process in California can be a long and complicated one, and the eviction timeline may be 30 to 45 days in an uncontested case but often stretches to 3 to 4 months.
If you find yourself in the situation where you need to evict a tenant, it is important to seek legal counsel so that you can do so properly and comply with the law.
With the right legal assistance, whether from an experienced attorney or a property management company, you can ensure that your rights are protected, and that the eviction process goes smoothly.
Get in touch with the property management team at Castle Management if you require assistance in resolving issues with challenging renters or understanding the local rental market. You can rely on our knowledge and experience to guide you through any challenging circumstance.
Disclaimer: This blog should not be used as a substitute for legal advice from a licensed attorney in your state. Eviction laws change, and this post might not be updated at the time of your reading. Please contact us for any questions you have in regard to this content, or any other aspect of your property management needs.
