Top 5 Mistakes Landlords Make During Evictions

Evictions in California can be a complex and emotionally charged process. While landlords have the right to regain possession of their property under the right circumstances, making mistakes during the eviction process can lead to delays, increased costs, or even lawsuits. Here are the top five mistakes landlords often make and how to avoid them:

1. Not Serving Proper Notice

One of the most common pitfalls for landlords is failing to serve the correct notice to their tenant. California law requires landlords to use the appropriate type of notice based on the specific situation, such as a 3-day notice to pay rent or quit, a 30-day notice to terminate a month-to-month tenancy, or a 60-day notice for long-term tenants. Mistakes include:

• Using the wrong notice form.
• Omitting critical information, such as the exclusion of weekends and holidays from the 3-day notice period.
• Failing to properly serve the notice by legally acceptable methods (e.g., personal service, substituted      service, or posting and mailing).

To avoid this mistake, consult with an attorney or use professional services to draft and serve notices correctly. This ensures compliance with California law and prevents the notice from being invalidated.

2. Failing to Document Issues

Effective documentation is essential for a successful eviction. Many landlords fail to keep detailed records, which can leave them vulnerable to tenant defenses. Common documentation mistakes include:

• Not keeping records of tenant violations, such as late rent payments or lease breaches.
• Failing to document maintenance requests and repairs.
• Neglecting to save copies of all communications with tenants, including emails, text messages, and notices served.

Tenants often raise defenses like illegal rent increases or habitability issues during eviction proceedings. Organized and thorough documentation can help refute these claims.

3. Engaging in Self-Help Evictions

California law strictly prohibits landlords from using self-help measures to evict tenants. Actions such as changing the locks, removing the tenant’s belongings, or shutting off utilities are illegal and can result in significant penalties. Tenants subjected to self-help evictions may:

• File a lawsuit for damages, including statutory penalties.
• Seek attorney’s fees and costs.
• Delay the eviction process further by filing a complaint with local authorities.

Always follow the legal eviction process, which involves obtaining a court order through an unlawful detainer action.

4. Ignoring Tenant Protections

California’s statewide tenant protections and local rent control ordinances add layers of complexity to the eviction process. Landlords who ignore these protections risk having their eviction cases dismissed or facing counterclaims from tenants. Examples include:

• Violating local rent stabilization ordinances that limit allowable rent increases.
• Overlooking the Just Cause Eviction protections under California’s Tenant Protection Act of 2019 (AB 1482).
• Failing to provide relocation assistance where required by local laws.
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To navigate these regulations, landlords should familiarize themselves with applicable state and local laws or seek legal counsel to ensure compliance.

5. Not Seeking Legal Advice

The eviction process in California is increasingly complex, with numerous procedural and substantive legal requirements. Attempting to handle an eviction without professional assistance can result in:

• Costly procedural mistakes, such as filing incorrect court forms or missing deadlines.
• Delays in regaining possession of the property.
• Exposure to tenant counterclaims or legal actions.

With the proliferation of rent stabilization ordinances and tenant protection laws, working with an experienced eviction attorney is invaluable. An attorney can guide you through the process, minimize risks, and help you achieve a favorable outcome.