A Guide to the Eviction Process in California

California Realty GroupEviction Laws in California

It is important for landlords in California to be well-versed in the eviction process. Navigating this process can be complicated and difficult for a property owner trying to protect their rights and investments. 

California Realty Group is here to provide information and guidance to help landlords handle eviction concerns with this comprehensive guide that clarifies the eviction procedure in California.

According to California’s eviction regulations, landlords must formally end a tenant’s lease before evicting their tenants. Considering this, self-help evictions are never allowed. A landlord is required to adhere to California’s eviction laws. Regardless if the renter is months late on their rent, landlords cannot:

  • Change the rental unit’s locks
  • Lock the tenant or tenants out
  • Remove exterior windows or doors
  • Disconnect utilities, like electricity or water
  • Get rid of the tenant’s possessions or personal things or worst
  • Remove the renter from the leased property by force

 

The Eviction Process in California

Notice for Lease Termination with Legal Cause

In California, the landlord can start the eviction procedure by serving the tenant with a written notice. One of the following methods must be used to deliver the notice:

  • Delivering the notice to the tenant in person
  • Delivering the notice in person to a person of legal age on the premises AND mailing it by certified or registered mail with a return receipt.
  • Posting the notice prominently on the property, for example on the front door, AND sending it via certified or registered mail with a return receipt.

A California landlord is allowed to evict their renters for various reasons. They include:

  • Illegal activity
  • End of the lease or no lease
  • Nonpayment of rent
  • Destruction of property that cannot be covered by the security deposit
  • Violation of the terms of the rental agreement

someone standing at a desk signing a paper

The type of eviction notice you must present the tenant with is specified by the reason for the lease termination. Generally, there are three types of eviction notices given in California:

  •     3-Day Notice to pay due rent
  •     30-Day Notice to Vacate
  •     60-Day Notice to Vacate
  •     3-Day Notice to Perform Covenants or Vacate
  •     3-Day Notice to Vacate

 

Serving an Eviction Notice in California

Without a just cause, procedures for evicting a tenant depends on the length of the lease agreement. If the agreement is monthly, the California landlord-tenant laws oblige you to give the tenant a 30-day notice to end their tenancy.

 

If the term of the lease is fixed and the tenant does not violate the terms of the lease, you have to wait until the lease period is over to end the tenancy. You must use a notice to inform the renter that you won’t be renewing their lease for another term. 

 

Tenant Eviction Defenses in California

The defense is presented by the tenant as a reason why the petitioner shouldn’t win the case. A tenant may claim:

  • Disputes over nonpayment of rent 
  • Issue in the timeline of serving eviction notice
  • The eviction is a form of retaliation
  • The property wasn’t habitable
  • Discrimination in accordance to the Fair Housing Act

 

Attending Court Hearing

California landlord-tenant law requires both the landlord and the tenant to attend the eviction court hearing. The hearing will usually be scheduled within 20 days of the request for hearing being filed by the landlord.

a lawyer sitting at a desk typing on a laptop with a gavel in front of them

Landlord and tenant should bring the following items to the hearing:

  • A copy of the lease agreement
  • A copy of the notice to pay or quit
  • The written complaints
  • Any proof that would help the court prove the case, such as witnesses or evidence (such as pictures of the damage, receipts, or billing statements).

A request for an extension is allowed from both the landlord or the renter. The judicial official makes the decision and either grants or denies it.

Whether or not the eviction was appealed, the procedure will continue if the judge rules in the landlord’s favor and issues a Writ of Possession.

An appeal will not prevent an eviction in California. When a tenant receives the Writ of Possession, the only way to prevent an eviction is to ask for a Stay of Execution.

 

Writ of Possession

The Writ of Possession serves as the tenant’s final notice to vacate the property and gives them the chance to pack up their personal belongings before the sheriff comes back to evict them violently. To get a Writ of Possession, you must pay a filing fee of about $40.

a lawyer standing in front of a  desk in their office

As the landlord, you will seek the court to issue a Writ of Possession and it will be issued at the hearing if the court rules in your favor.

 

Vacating the Property

After being served with a copy of the Writ of Possession, tenants have five days to vacate the property. Within that time frame, if a tenant doesn’t leave, the sheriff will come back to evict them.

Tenants have the option to ask to stay longer, which would put off the eviction for an extra 40 days. If approved by the court, this will merely delay the eviction rather than stop it, and the tenant will still be required to leave after the 40-day notice period is over.

 

Conclusion 

In order to ensure you are following the property eviction laws, hire the services of a qualified California attorney for help with the eviction process. You should also seek assistance from our qualified property management company: California Realty Group. California Realty Group has provided high-quality property management services for 20 years.  

As a top California realtor, we have the expertise to quickly rent your house and keep it maintained to the best standards. We also have a thorough awareness of the Southern California rental market and housing laws. 

Delivering top-notch residential and commercial property management services while assisting our clients in getting the highest return on their investment is our mission. Contact us today to learn how we can help with your investment property goals!

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.