Evictions involve sensitive situations that require careful management. One misstep can lead to legal repercussions, financial losses, and delays in reclaiming your property.
According to the US Census, renters make up 44% of households in California, which is much larger than the rest of the US (the only exception being New York at 46%). For landlords, this calls for a critical approach to the eviction process. You must approach every tenant conflict with diligence and accuracy.
Whether dealing with non-payment of rent or lease violations, we’re here to provide you with essential steps to resolve disputes efficiently that can offer a clear pathway for maintaining legal compliance. Let’s break down the steps of the eviction process in California.
Understanding the Eviction Process
When evicting tenants, landlords must present legal grounds. Unlike a “notice to vacate,” eviction involves filing a court case.
Under California law, landlords must follow 6 steps of eviction:
- Identify a Valid Reason
- Provide Proper Notice to the Tenant
- File an Unlawful Detainer Lawsuit
- Awaiting Tenant’s Response
- Attend Court Hearing
- Coordinate with the Sheriff for Tenant Removal
Navigating tenant rights and the lawful procedures involved in presenting legal evidence to the court prevents penalties or delays in the eviction process.
Essential Steps of the Eviction Process
California requires landlords to follow specific legal steps to ensure compliance with state laws and protect all parties' rights.
Step 1. Identify a Valid Reason for Eviction
As landlords, having a legitimate reason for evicting tenants in California is the first step to take before taking your case to court. The most common causes of tenant evictions include:
- Nonpayment of Rent or delayed rent payment
- Lease Violations such as exceeding occupancy limits without permission
- Property Damage that intentionally affects property value
- Illegal Activity inside the property
As outlined in the Tenant Protection Act of 2019, reviewing the lease agreement ensures the reason for eviction aligns with California’s “just cause” eviction policy to prevent discriminatory evictions against residential tenants.
Step 2. Provide Proper Notice to the Tenant
Before a landlord files for eviction, serve a written notice to terminate the tenancy. The type of eviction notice varies on the circumstances:
- 3-Day Notice for Unpaid Rent: Issued when a tenant fails to pay rent on time.
- 3-Day Notice to Cure or Quit: Provided for tenants to correct lease violation issues.
- 30/60-Day Notice to Vacate: Used for no-fault evictions, with a 60-day notice required for tenants who have lived on the property for over a year.
Reduce misunderstandings with the tenant as much as possible. Make sure to deliver the notice properly and communicate via mail or in-person to demonstrate professionalism.
In some cases, tenants may be required to:
- Pay overdue rent within the notice period.
- File a sworn statement with the court if they believe the eviction is unlawful.
Failure to meet these requirements can escalate the process to formal legal action.
3. File an Unlawful Detainer Lawsuit
If the tenant fails to comply with the eviction notice, file an Unlawful Detainer lawsuit in your local Superior Court. This legal action protects landlords and tenants from risks before the situation escalates.
Landlords must complete specific preliminary tasks, including:
- Summons and Complaint forms are necessary to start the eviction in court
- Court filing fees that range from $240 to $450
Failure to follow these procedures can result in dismissal or delays. You can only regain possession of your property while respecting the tenant’s right to due process.
4. Await the Tenant’s Response
After being served, tenants have ten days to file an Answer with the court. They could respond by disputing the claims, settlement negotiation, or request for a trial jury.
If there is no response within the given timeframe, the landlord can issue a default judgment before the hearing.
5. Attend the Court Hearing
When the tenant challenges the eviction, the court will schedule a hearing for both parties to present their claims. Supporting evidence includes:
- Lease Agreements
- Payment Records
- Notices Served
- Documented Dispute
If the landlord prevails in the hearing, the court will grant a Writ of Possession for reclaiming the property. Under California's legal assistance, this is enforced by a local sheriff or marshal to avoid any unlawful actions by the landlord.
6. Coordinate with the Sheriff for Tenant Removal
Once you send the Writ of Possession to the local sheriff's office, the sheriff will serve the tenant with a formal Notice to Vacate. This notice informs the tenant to leave the property voluntarily in a few days.
If the tenant refuses to move by the specified date, the sheriff will schedule a lockout to ensure the landlord reclaims the property. Landlords are prohibited from removing the tenants themselves. In California, self-help evictions such as removing tenant's belongings, changing locks, or cutting off utilities can cause legal liability from the landlord.
Completing the eviction proceedings lawfully is the best way to move forward for both the tenant and landlord.
Tenant Rights and Protections
Understanding your legal rights as a landlord in California is as imperative as familiarizing yourself with your tenant's rights. The state provides robust protections for tenants to ensure housing stability and fair treatment.
Protections Under California Law
The Tenant Protection Act (AB 1482) safeguards tenants against excessive annual rent increases from landlords who attempt to terminate a tenant without a valid reason.
In addition, tenants have the right to a habitable living environment and to seek maintenance and repair requests. Tenants can also take legal action if the landlord fails to fulfill their obligations.
Security Deposits and Price Gouging
For security deposits, the landlord may only charge up to one month's rent for unfurnished and furnished units. They are required to return the deposit within 21 days of the tenant's move-out.
Residential Tenants are also protected from price gouging, with landlords prohibited from raising rent by more than 10% during states of emergency. This ensures that tenants are not subjected to landlord misconduct and gives them financial security in vulnerable situations.
Resolving Landlord-Tenant Disputes
Do not hesitate to seek legal advice when you encounter landlord-tenant issues. Invest in help from local legal aid offices in California that can guide and represent you to resolve issues lawfully.
At Sail Properties, we understand the effort and time you have to put in to accomplish eviction filing. Remaining informed wouldn't be enough, you need an expert by your side to manage the court process. As a Huntington Beach property management company, our eviction protection plans ensure that your personal property investments are secured in the worst-case scenarios.
Contact us today to ensure a smooth and successful eviction process!
Additional Resources
3 Key Tips for Tenant Background Check
4 Legit Tenant Screening Practices for Landlords in Huntington Beach
Essential Landlord Tips and Tricks From the Best Property Management Huntington Beach, CA Offers
