Eviction proceedings are a complicated matter, no matter which way you view it. Other than adhering to California eviction laws, you will also be displacing a tenant. Learning the timeline and process helps you prepare for it, especially since the California eviction process can last for weeks to months.
1. Serving an Eviction Notice
The eviction process does not begin before you serve the tenant an eviction notice. It must be delivered to the tenant in person or by certified mail. The notice period for unpaid rent is three days prior and a month to two months for Notice to Quit. Specify the issue that needs resolving in the notice, and include other necessary details such as:
- Landlord and tenant's names and addresses
- Rental property address
- Reason for eviction
- Required correction
- Reminder of lease agreement terms
- Move-out date
- Landlord's signature
If the Tenant Fails to Comply
If the tenant refuses to vacate the property after the notice period has passed, you can file an Unlawful Detainer lawsuit with the superior court. Remember that only a sheriff or process server can serve the tenant with a summons and complaint. A landlord can file for unlawful detainer three to five days after the notice expires. The eviction court forms you need to file are:
a. Summons
b. Complaint
c. Plaintiff's Mandatory Cover Sheet and Supplemental Allegations
d. Civil Case Cover Sheet
California law states that the tenant has five days to respond when the eviction court forms are handed to them personally and 15 days when the copy is mailed or given to someone else at the rental unit.
2. Trial or Hearing
If the tenant responds to the complaint but fails to resolve the issue (such as paying rent or correcting other lease violations), the landlord can ask the court to set a trial date. During the eviction court case, both the tenant and the landlord can explain their sides.
If the tenant does not respond, the landlord can ask the court for a default judgment. The eviction process can be quicker for California landlords since the court will grant the request without a defense from the tenant.
3. Eviction Judgement
After the court proceedings, the judge decides whether the landlord can evict the tenant from the rental property. If the landlord wins the eviction lawsuit, the judge will sign a Judgment of Possession.
Depending on the lease or rental agreement, the tenant may have to pay rent owed as well as attorney fees incurred. If the tenant provided a security deposit, the landlord may also use the funds to make up for lost rent.
4. Eviction from the Property
This is the part of the eviction process in California where the landlord may begin removing the tenant from the rental unit, although not before the judge has issued a Writ of Execution. This gives the landlord the ability to instruct law enforcement to proceed with evicting tenants.
The resident will first be served with a Notice to Vacate, which the tenant must comply with within five days. If not, then the sheriff can physically remove the tenant along with their personal property from the rental premises.
Local and State Laws You Should Know
Knowing tenant rights and eviction protections is just as important as following correct legal procedures during the eviction process. Failure to do so can result in legal setbacks that can stall the process or even get you in legal trouble.
- California Tenant Protection Act of 2019
The Tenant Protection Act of 2019 prohibits the landlord from evicting tenants without just cause, provided that they have lived in the rental property for at least 12 months. This includes at-fault behavior like nonpayment of rent or no-fault evictions like the owner intending to occupy the unit.
- California Civil Code section 1942.5
Landlords cannot file an eviction lawsuit against a tenant who is exercising their rights. If the landlord files for eviction in response to repair requests, complaints about habitability, reporting code violations, or other actions they are entitled to, it will be considered retaliatory eviction.
- California Civil Code 1980–1991
If the tenant leaves personal items in the abandoned property, you need to provide appropriate notice and provide the former tenant with at least 15 days to claim their belongings—18 days if the written notice was mailed. During that time, landlords can charge for the cost of storage. If not claimed, you may dispose of the items.
Should You Hire a Professional Instead?
You can evict a tenant without consulting a legal professional, but hiring a private attorney or property manager could keep you from making mistakes that would halt the legal proceedings. Between researching which eviction court forms to finding new tenants to fill vacancies, it can take a lot of your time. A property manager can:
- Be knowledgeable about the necessary eviction laws
- Conduct thorough tenant screening to prevent evictions
- Enforce lease agreement rules
- Provide the proper notice when a tenant violates lease terms
- Handle the eviction proceedings and fill out court paperwork
- Prepare the rental unit for new tenants
California Eviction FAQs
What are the valid reasons for eviction?
You can evict a tenant when they violate rental property rules like failing to pay rent, housing unauthorized pets, property damage, and conducting criminal activity. There are no-fault reasons that California courts accept, such as the landlord planning to use the rental property as a primary residence.
How long does the eviction process take?
While it can sometimes take only weeks, the average California eviction timeline can reach three to four months. In other rare cases, it can even take years. It can depend on the tenant's compliance and court decisions.
How can I prevent evictions?
Proactive measures include meticulous resident screening, but if you want to avoid a long eviction case, you can also opt for alternatives like Cash for Keys.
Are evictions expensive?
They can be quite expensive. Filing fees alone can already cost you hundreds of dollars. You can add a provision on your lease agreement stating that tenants must shoulder legal fees in the event of an eviction.
Let Us Worry About Handling the Eviction Process
Evictions are among the most stressful tasks a landlord might face, but companies like Harland Property Management offer professional services to keep property owners stress-free. Full-service property management includes handling eviction proceedings and preventing them from happening.
We aim to maximize the value of your rental property by retaining tenants and maintaining your units. However, if the need for an eviction arises, we are more than capable of handling it for you.
Contact us to learn more about our services, or better yet, schedule a free consultation to determine whether we're the right fit for your rental business.
