Key Takeaways
- Legal Grounds for Eviction: Common reasons include nonpayment of rent, lease violations, illegal activity, and staying after the lease ends.
- Notice Requirements: Different notices are required for various eviction reasons, such as a 3-day notice for nonpayment and a 30/60-day notice for no-fault evictions.
- Eviction Procedures: If a tenant doesn’t comply, landlords must file a lawsuit and follow legal steps to proceed with the eviction.
- Tenant Protections: Landlords are prohibited from using unlawful methods, such as changing locks or shutting off utilities, to evict tenants.
Eviction is a legal process that allows landlords to remove tenants from rental properties under specific circumstances.
In California, the eviction process generally takes 3 to 4 months from start to finish, though timeline can vary significantly based on the reason for eviction, whether the tenant contests it, and court scheduling.
Uncontested evictions might be completed in approximately 30-45 days after the court documents are delivered to the tenant.
This guide by Town & Coastal outlines the legal grounds for eviction under the landlord tenant laws, the steps involved, and important considerations for landlords navigating this process, keeping in mind the California Tenant Protection Act (AB 1482) may impact the eviction.
Landlords need to have a "just cause" to evict tenants who have lived in the property for at least 12 months if the property is subject to AB 1482.
Legal Grounds for Eviction in California
A landlord cannot evict a tenant without a valid legal reason. The most common grounds for eviction include:
Nonpayment of rent
Remaining on the property after the lease ends
Violating lease terms
Engaging in illegal activity or creating a nuisance
The type of eviction notice required depends on the reason for eviction:
Nonpayment of Rent: 3-Day Notice to Pay or Quit
End of Lease/No Lease (No-Fault Eviction): 30/60-Day Notice
Lease Violations: 3-Day Notice to Cure or Quit
Illegal Activity/Severe Lease Violations: 3-Day Unconditional Quit Notice
Nonpayment of Rent
If a tenant does not pay rent on time, the landlord must serve a 3-day notice to pay rent or quit, allowing the tenant to either pay the balance due or vacate the premises.
When counting the days for a 3 Day Notices for nonpayment of rent or breach of rental agreement, weekends and holidays should be excluded. If the tenant fails to comply, the landlord may proceed with filing an eviction lawsuit.
End of Lease or No Lease (No-Fault Eviction)
A landlord can evict a tenant who remains on the property after their lease has expired, but only with a just cause. The notice period varies based on the length of tenancy:
30-day notice for tenants renting for less than a year.
60-day notice for tenants renting for one year or more.
Important: If evicting for no-fault reasons (e.g., landlord wants to move in), relocation assistance (typically one month's rent) is required under AB 1482.
Lease Violations
When a tenant violates their lease agreement, the landlord must issue a 3-day notice to perform covenants or quit, allowing the tenant to fix the issue. Examples of lease violations include:
Failure to maintain cleanliness
Improper garbage disposal
Unauthorized subletting
Denying the landlord access to the rental unit
Illegal Activity or Severe Lease Violations
Certain violations, such as engaging in illegal activities on the premises, result in immediate eviction proceedings.
In such cases, the landlord serves a 3-day unconditional quit notice, and the tenant must move out without an option to fix the issue. This is also applicable for severe property damage or creating a significant nuisance.
Illegal Evictions in California
Landlords must follow proper procedures to evict a tenant. Attempting to force a tenant out through unlawful means can lead to legal consequences.
Self-Help Evictions
Landlords are prohibited from:
Changing locks
Shutting off utilities
Removing tenant belongings
Retaliatory Evictions
It is illegal to evict a tenant for exercising their legal rights, such as:
Reporting property issues to authorities
Withholding rent due to uninhabitable conditions (after proper notification)
Joining tenant unions
Steps in the Eviction Process
Step 1: Serving Notice to the Tenant
The eviction process begins with the landlord serving a written notice, which can be delivered by:
Hand delivery to the tenant
Delivery to a suitable person at the tenant’s residence or workplace, followed by mailing
Posting on the property and mailing a copy
Step 2: Filing a Lawsuit
If the tenant does not comply with the notice, the landlord can file an eviction lawsuit (unlawful detainer) with the Superior Court in the county where the property is located. The complaint should include:
Landlord and tenant details
Rental address
Grounds for eviction (with reference to "just cause" if applicable)
Type of notice served and proof of service
Step 3: Tenant Served with Summons and Complaint:
The tenant must be formally served with the lawsuit. If service is done through posting, a copy must also be mailed to the tenant. Tenants as of January 1, 2025 have 10 business days to respond.
Step 4: Tenant’s Response
The tenant can contest the eviction by filing an answer. If they fail to respond within the given timeframe, the landlord may request a default judgment.
Step 5: Court Hearing and Judgment
If the case goes to court, a hearing is scheduled. Both parties should bring evidence, such as:
Lease agreements
Payment records
Photos or witnesses
If the judge rules in favor of the landlord, they will issue a writ of execution to regain possession of the property.
Step 6: Issuing a Writ of Execution
The writ of execution serves as the tenant’s final notice to leave. The tenant has 5 days to vacate, or the sheriff will enforce the eviction.
Step 7: Property Possession Returned
If the tenant does not leave voluntarily, law enforcement will remove them from the premises. In some cases, tenants may request a stay of execution, which delays the eviction.
Timeline of the California Eviction Process (Estimates)
Initial Notice Period: 3, 30, or 60 days depending on the reason.
Court Filing and Summons: Varies
Tenant’s Response Period: 10 Business Days
Court Hearing and Ruling: Varies
Writ of Execution Issued: 1-3 Business Days
Final Notice Period: 5 Calendar Days depending on when the Sheriff posts
Note: This is a simplified overview. Actual timelines depend on court workloads, tenant responses, and other case-specific factors. Be prepared for the eviction process to take 3-4 months, or even longer if contested.
Eviction Costs in California (Estimates)
The average cost of an eviction can vary significantly depending on court fees, service fees, and legal representation.
Initial Court Filing Cost Estimate: $240+
Summons Service Cost Estimate: $75+
Tenant’s Answer Filing Cost Estimate: $225+
Writ of Execution Issuance Cost Estimate: $25
Writ of Execution Enforcement Cost Estimate: $145
Notice of Appeal (Optional) Cost Estimate: $225
*Disclaimer: These costs are estimates and can change.
Bottom Line
Understanding the eviction process, including the California Tenant Protection Act, is crucial for landlords to ensure compliance with California law. Following proper procedures minimizes legal risks.
Consulting with a legal professional or property management expert like Town & Coastal is highly recommended to navigate complex eviction cases effectively. Contact us today to get started!
Disclaimer: 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.