Landlord’s Guide to Understanding Evictions in California

Evictions can be a complex and stressful process for landlords, especially in California, where tenant protection laws are among the strictest in the country. Understanding the legal requirements and following the correct procedures is essential to avoid costly mistakes.

Step 1: Understand the Legal Grounds for Eviction

California law allows landlords to evict tenants for specific reasons, including nonpayment of rent, lease violations, or ending a tenancy for a lawful reason (e.g., owner move-in). 

All residential properties in California are subject to the Tenant Protection Act of 2019(TPA), unless the property is exempt or is subject to a stricter local ordinance. If the TPA applies, landlords must have just cause to evict:

Just Cause At-Fault 

· Failure to pay rent. CCP1161(2).

· Violation of the Lease Agreement. CCP1161(3).

· Maintaining or committing a nuisance. CCP1161(4).

· Committing waste. CCP1161(4).

· Tenant refuses to sign a lease for similar duration and similar provisions.

· Criminal activity by the tenant.

· Assigning or subletting the premises in violation of the Lease Agreement. CCP1161(4).

· Tenant’s refusal to allow landlord entry.CCP 1101.5; 1954; HSC 13113.7; 17926.1.

· Using premises for unlawful purpose. CCP1161(4).

· Employee, agent, or licensee’s failure to vacate after termination. CCP1161(1).

· Tenant failing to vacate after giving notice of terminating the Lease Agreement. CCP 1946

Just Cause No-Fault

· Owner or family member move-in.

· Withdrawal of residential real property from rental market.

· Owner complying with order from government agency.

· Intent to demolish or substantially remodel the residential property.

Consult with an attorney to check if your property is subject to the TPA or another local ordinance. Not complying with the requirements can mean losing your eviction case before it even starts.

Step 2: Serve a Proper Notice

The first step in the eviction process is serving the tenant with an appropriate notice, such as:

· 3-Day Notice to Pay Rent or Quit: For nonpayment of rent.

· 3-Day Notice to Cure or Quit: For lease violations and nuisances.

· 30 or 60-Day Notice to Vacate: For no-fault evictions, depending on tenancy duration.

If you are serving the notice yourself, make sure to attempt to serve the notice to the tenant personally. If the tenant is not home, then you may give it to another person of suitable age and discretion at the residence. If no one is home, then you may post the notice on their front door. In any of these cases, you must also mail a copy of the notice to the tenant. CCP § 1162. 

Make sure the contents and service of the notice complies with legal requirements. CCP § 1161.

Step 3: File an Unlawful Detainer Lawsuit

If the tenant does not comply with the notice, you must file an unlawful detainer lawsuit in court. An attorney can help prepare the legal documents and serve them to the tenant with a registered process server.

Step 4: Attend the Court Hearing

At the court hearing, present evidence supporting your case. Having legal representation can significantly increase your chances of a favorable outcome.

Step 5: Enforce the Judgment

If the court rules in your favor, a sheriff will handle the eviction process. Depending on the sheriff’s schedule, it may take them up to 2-3 months. Do not attempt to remove the tenant yourself.