Key Takeaways
Strict Legal Process: California evictions must follow exact notice, service, and procedures, and even minor errors can cause significant delays or dismissal.
Strong Tenant Protections: Based on The Tenant Protection Act, Tenants have multiple legal defenses, and judges often rule in their favor when landlords fail to fully comply with state or local laws.
Court and Sheriff Involvement Required: Landlords cannot self-evict; only the court and Sheriff can legally remove a tenant and restore possession of the property.
Evictions in California are not quick, cheap, or simple.
Many landlords are surprised to learn that a small mistake like using the wrong written notice or missing a deadline can delay an eviction for weeks or even months.
California has some of the most tenant-protective laws in the country, and courts expect landlords to follow the process exactly.
So how do you legally remove a tenant without risking fines, delays, or lawsuits?
That is where knowing the correct eviction steps matters. HCM Property Management put together this article to give California landlords a clear, plain-English guide to the eviction process from start to finish.
California Eviction Process Guide
Eviction in California is a legal process that must go through the court system.
Landlords are not allowed to remove tenants on their own, shut off utilities, or change locks without a court order. Doing so can result in serious penalties.
Notice for Lease Termination with Legal Cause
A California landlord can evict a renter for several legally recognized causes, and California's Tenant Protection Act of 2019 generally requires just cause for many evictions, including reasons listed below:
Failure to pay rent
Violation of lease or rental agreement terms
Causing damage to the property
Illegal activity on the premises
Refusal to allow lawful entry
Staying after the lease has expired
It is important to note that a landlord may not use a tenant's as a substitute for unpaid rent to avoid eviction.
Under California law, security deposits are generally applied after a tenant vacates the property, unless otherwise stated in the lease agreement, and rules can differ depending on the rental property.
The required eviction notice varies based on the reason for ending the tenancy, and notices can require tenants to act within 3 to 90 days depending on the tenancy and reason for eviction. In California, there are generally three types of eviction notices:
3-Day Notice to Pay Rent or Quit for nonpayment of rent
3-Day Notice to Cure or Quit for fixable lease violations
3-Day Notice to Quit for serious violations that cannot be corrected.
California law requires that notices include specific language, deadlines, and legal wording. Any error can force the landlord to restart the process.
Serving a Tenant With an Eviction Notice in California
Proper service of the eviction notice is critical. Notices may be delivered by personal delivery, substituted service, or posting and mailing if the tenant cannot be reached. Once the notice expires without compliance, the landlord files an unlawful detainer complaint to start the case with a complaint.
The tenant must then be served with the summons and complaint, which are the court papers and court documents that begin the eviction lawsuit; this includes the summons as formal notice.
Without a cause, the procedures for terminating a lease depend on the length of the tenancy.
For a month-to-month tenancy where the tenant has lived in the unit for less than one year, California law requires a 30-day notice period to terminate the tenancy.
If the tenant has lived in the unit for one year or more, the landlord must provide a 60-day notice. Both notices must clearly state that the lease will not be renewed.
If the lease is a fixed-term lease, the landlord must wait until the lease period ends unless there is a legal cause for eviction.
Local rent control or just cause ordinances may impose additional requirements, including rules that affect the next unlawful detainer process step. Many California cities have stricter rules than state law.
Tenant Eviction Defenses in California
A defense is a reason why the landlord should not win the eviction case. After the tenant receives the summons in an eviction lawsuit, tenants have 10 court days to file a response to eviction, excluding weekends and court holidays, and an attorney who handles eviction defense can advise tenants on what to file in the unlawful detainer lawsuit. If the court papers are served by mail, tenants have 15 days to respond to eviction papers, and a private attorney may help avoid mistakes.
A tenant may claim:
The eviction notice was defective or served incorrectly
The landlord failed to maintain habitable conditions
The eviction is retaliatory
The eviction is discriminatory
Rent was paid or improperly calculated
The landlord violated local rent control laws
Judges often side with tenants when procedural mistakes are made, even if rent is unpaid, but missing the deadline to file a response can still lead to serious consequences in the unlawful detainer lawsuit. Documentation and compliance are essential for the Judge's consideration.
Attending Court Hearing
California landlord-tenant law requires both the tenant and the landlord to attend the eviction court hearing, also called an unlawful detainer trial, which comes after the unlawful detainer process once the tenant files a response.
If the tenant does not respond to the lawsuit, the landlord may request a default judgment.
If a response is filed, the court sets a court date and then a trial date for the case, with more detail provided by the court on local procedures. At trial, the landlord presents the case first, and the tenant should be ready with evidence and witnesses to answer questions.
If the tenant loses the eviction court case, they typically have five days to vacate the premises after the court's decision.
In California, paying past-due rent after judgment does not stop the eviction unless the court allows it in the trial, and any settlement terms reached before trial should be put in writing.
The case may be decided by a judge in a bench trial or, if requested in advance, by a jury, and the judge may issue a Statement of Decision after trial before the judge decides whether the landlord wins. If the tenant wins, the tenant stays in the rental unit. If the landlord fails to appear, the court case may be dismissed, though eviction proceedings can still be affected by local rules.
Writ of Possession in Unlawful Detainer Cases
If the tenant remains in the property after judgment, the landlord can request a Writ of Possession. This document authorizes the Sheriff to remove the tenant.
Once issued, the Sheriff posts a Notice to Vacate at the property. The tenant typically has five days to leave before physical eviction occurs.
The timing depends on the Sheriff's schedule, which often involves a one to three week wait.
Only the Sheriff has authority to carry out the eviction. Landlords may not remove tenants themselves.
The Eviction
Once the Writ of Possession has been enforced, the Sheriff oversees the removal of the tenant. The landlord may then change the locks and regain possession of the unit.
California law requires landlords to handle abandoned property carefully. Personal property left behind must be stored if its value appears to exceed a certain amount.
The landlord must provide written notice and allow the tenant time to reclaim their belongings before disposal or sale.
Failure to follow abandoned property laws can expose landlords to liability.
Bottom Line
Evicting a tenant in California requires strict compliance with state and local laws. From serving the correct notice to attending court and coordinating with the Sheriff, each step must be handled properly.
One small mistake can delay the eviction or result in dismissal of the case.
HCM Property Management helps landlords navigate the California eviction process the right way.
From notice preparation to court coordination, court filings, and communications, as well as compliance with local laws, our team reduces risk and saves time. We can also advise on civil procedure issues, including requests for reasonable accommodation, and a landlord's attorney can assist with filings and negotiations.
If you need legal help managing an eviction or want to protect your rental investment, contact us today to get expert support and peace of mind.
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.
