A Guide to the Eviction Process in California

Key Takeaways

The California eviction process starts with written notice and may become an unlawful detainer lawsuit.
Landlords cannot change locks, shut off utilities, remove personal property, or physically remove a tenant without a court order.
The notice period depends on the reason, the lease or rental agreement, and tenant protections.
Only the sheriff can enforce a Writ of Possession.

California Eviction Laws

It is important for landlords in California to be well-versed in the California eviction process. Navigating the legal process can be complicated for a property owner protecting their rights and investment.

California Realty Group provides information and guidance to help landlords handle eviction concerns with this guide to the eviction process in California.

California law requires landlords to end a tenant’s lease before they can evict tenants through an unlawful detainer lawsuit. Self-help evictions are never allowed because eviction is a legal process. A landlord must follow California eviction laws and the court process. Even if a renter owes months of back 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 other personal property
Physically remove the tenant from the leased property

The Eviction Process in California

Notice for Lease Termination with Legal Cause

In California, the landlord can start the California eviction process by serving the tenant with a written notice. California Code of Civil Procedure section 1162 allows the following service methods:

Delivering the notice to the tenant in person
Substituted service: if the tenant is absent from home and the usual place of business, leave a copy with a person of suitable age and discretion there, then mail another copy to the tenant.
Posting the notice prominently on the property, for example on the front door, AND mailing a copy to the tenant at the property address. A copy must also be given to a resident there, if one can be found. Certified mail is not required.

A California landlord may evict tenants only for legally recognized reasons, including:

Illegal activity
End of the lease or no lease
Unpaid rent when a tenant fails to pay rent
Destruction of property that cannot be covered by the security deposit
A lease violation under the lease or rental agreement

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

3-Day Notice to Pay Rent or Quit (three days excluding weekends and court holidays)
30-Day Notice to Vacate
60-Day Notice to Vacate
3-Day Notice to Perform Covenants or Quit for curable lease violations
3-Day Notice to Vacate

Serving an Eviction Notice in California

For a month-to-month rental agreement, the notice period is generally 30 days if every tenant has occupied the rental unit for less than one year, and 60 days if any tenant has occupied it for at least one year. The Tenant Protection Act, local rent control, and other landlord-tenant laws may require just cause or different notice requirements.

If a fixed-term lease is still in effect and the tenant has not committed a lease violation, you generally must wait until the term ends. Use written notice to tell the tenant the lease will not be renewed. If the tenant remains, the eviction process and notice period may differ under California law, the Tenant Protection Act, local rent control, and other tenant protections.

Tenant Eviction Defenses in California

During the eviction process, a tenant may raise a defense before the court decides whether the landlord wins. Common defenses include:

Disputes over unpaid rent or whether a lease violation occurred
The eviction notice was not served properly
The eviction is a form of retaliation
The property wasn’t habitable
Discrimination prohibited by the Fair Housing Act

Attending Court Hearing

The court stage of the eviction process is an eviction lawsuit, or court case, handled through the unlawful detainer process. Once court papers are served and the tenant files an answer, either party may request a court hearing or trial. California Code of Civil Procedure section 1170.5 generally requires the superior court trial within 20 days after the request, subject to extensions.

At the court hearing, the landlord and tenant should present evidence, including:

A copy of the lease agreement
A copy of the notice to pay or quit
Court papers and other court documents, including the summons and complaint
Documents, witnesses, photographs, receipts, and other materials used to present evidence

Either the landlord or renter may request an extension; the judicial officer decides whether to grant it.

Even after an appeal, California eviction proceedings may continue if the landlord wins and receives a Writ of Possession, unless the court grants a stay.

An appeal does not automatically prevent an eviction in California. A tenant can ask the court for a Stay of Execution, but the court decides whether to grant it.

Writ of Possession

The Writ of Possession is a court order that serves as the tenant’s final notice to vacate the property and gives them time to pack up personal belongings before the sheriff carries out the eviction. Only the sheriff can physically remove the tenant. Confirm current court and sheriff fees.

If the landlord wins, the court may issue a Writ of Possession.

Vacating the Property

At the final stage of the eviction process, the sheriff posts a Notice to Vacate and the tenant generally has five days to leave. If the tenant fails to vacate by the deadline, the sheriff alone can carry out the physical lockout.

Tenants have the option to ask to stay longer through a Stay of Execution, which can put off the eviction for up to 40 extra 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 extension.

Conclusion

To ensure you follow property eviction laws, consult a qualified private attorney or a local provider of free legal services for help with the California eviction process. You can also seek assistance from our 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.