Are you a landlord in California handling a challenging tenant situation? When a tenant signs a lease, they commit to paying rent, maintaining the property, and using it appropriately. However, what happens when those obligations aren't met?
Unfortunately, even with a thorough tenant screening process, issues can arise.
Tenants might withhold rent, damage property, or refuse to vacate despite clear agreements. In such scenarios, eviction might be your only recourse.
Navigating the eviction process in California can be daunting, given the state's detailed and specific legal requirements.
Fortunately, Penny Realty, Inc. has created this comprehensive guide to help you understand and manage the eviction process effectively.
Whether you're facing a difficult tenant or simply seeking to familiarize yourself with the legal landscape, this guide will provide valuable insights and steps to ensure you're well-prepared.
What is the Eviction Process in California?
An eviction process in California must begin with a cause. The cause must be legally justified to warrant the tenant’s removal from the property.
A landlord has certain rights and responsibilities, one being that they can evict tenants for valid reasons. The following are legal grounds for tenant eviction in California:
- Failing to pay rent when it becomes due.
- Holding over after the lease has expired.
- Failing to observe a term of the lease.
- Engaging in illegal activity.
Next, you must serve the tenant with the appropriate eviction notice. For example, when evicting a tenant for failure to pay rent, you must serve them with a 3-Day Notice to Quit.
This will give the tenant two options. One is to pay the balance due. Or two, to vacate the premises.
How the tenant reacts to the eviction notice will help you know which course of action to take next.
If the tenant agrees to take either option, then great! However, if they choose not to, you can move to court and file a lawsuit.
At that point, the matter will now be with the court and the judge will make their decision based on the evidence given.
If the judge rules in your favor, you’ll be issued with a court order. In California, this is also referred to as a Writ of Execution. It’ll allow you to reclaim the property’s possession.
Note that if there are any damages to the property you can use the tenants security deposit to cover the costs or unpaid rent.
Lease Termination Notices in California
As already mentioned, an eviction notice begins the eviction process against a renter. In California, there are five types of eviction notices. They are as follows:
- 3-Day Notice to Quit for Failure to Pay Rent. It gives the tenant a maximum of 3 days to either pay the balance due or move out of the property.
- 30-Day Notice to Vacate for Tenants with No Lease. A lease usually specifies the start- and end date of a tenancy. If a tenant refuses to leave after the lease has expired, you can serve them this notice. It’ll give the tenant a maximum of 30
days to leave. But if they choose not to, you can move to court and file for their removal.
- 60-Day Notice to Vacate for Month-to-Month tenants. You can serve this notice to a month-to-month tenant who has lived on the property for at least a year. It’ll give them up to 60 days to move out.
- 3-Day Notice to Fix a Minor Violation. Minor lease violations include failure to keep the property clean and sanitary, and not disposing of the garbage properly. The notice gives the tenant 3 days to fix the violation.
- 3-Day Notice to Vacate for Illegal Activity. In California, illegal activity includes illegal drug activity, use of a deadly weapon, criminal threats, and prostitution activity.
Serving a Tenant with an Eviction Notice in California
You must serve an eviction notice as per the state’s eviction rules. After a tenant has committed a violation, you must deliver the eviction notice in any of the following ways.
One, you can deliver it to the tenant personally. Two, if they are not home, you can leave a copy with an occupant of a suitable age.
Additionally, you must send the notice via mail to the tenant’s last known forwarding address.
Or three, you can leave the notice on the front door or any other clear area on the property.
You must also deliver another copy to the property via mail; and if possible, hand another copy to an occupant of a suitable age.
Tenant Eviction Defenses in California
Some of the potential defenses a tenant might use in court to stop or delay an eviction include:
- You didn’t provide them with a proper notice period.
- The ground for eviction is legally not valid.
- The tenant exercised a legal right to withhold rent because you failed to make repairs on time.
- You are attempting to evict the tenant illegally. For instance, by locking them out or removing their personal belongings.
- The eviction is discriminatory because of the tenant’s sex, race, color, nationality, or other protected classes.
- You are evicting the tenant in retaliation for reporting you to a government agency for potential code violations.
- You are harassing or coercing the tenant to force them to leave.
Court Hearing
If the tenant ignores the eviction notice, the next step is to file a lawsuit with the Superior Court. Make sure to carry as much evidence as possible, including a copy of the lease and eviction notice.
California courts usually schedule eviction hearings within 20 days after successful filing.
If the judgment is in your favor, the court will issue you with a Writ of Execution. This will be the tenant’s final notice to leave.
If the tenant refuses to leave, you can ask the sheriff to forcefully remove the tenant.
Conclusion
In California, obtaining a court order is the only lawful method to evict a tenant from their rental property.
Resorting to threats, coercion, intimidation, or self-help measures is illegal and can lead to significant legal complications.
For more guidance or if you have any questions, Penny Realty, Inc. is here to assist.
As a leading provider of comprehensive property management services in San Diego, we can help you navigate the complexities of eviction and ensure you remain compliant with California laws.
Contact us today to learn how we can support you!
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.
