Being a landlord can be an incredibly profitable venture. However, even with regular inspections and adherence to landlord-tenant laws, residential properties are always vulnerable to maintenance emergencies and natural disasters. Moreover, there’s always the risk of conflict with tenants.
Most of the time, tenant-related issues can be resolved amicably. However, there are cases where the problems worsen to the point of needing an eviction. Evicting a tenant is never easy as it’s time-consuming and can also be incredibly stressful.
Thankfully, familiarizing yourself with your local rental laws and the eviction process can help you smooth out the proceedings. This article will cover everything landlords should know about the California eviction process!
What’s the Eviction Process Like in California?
The eviction process in California can take anywhere up to 6 months. However, it can take longer depending on the reason for the eviction and whether or not the tenant contests it.
No matter the reason for removing a tenant, all evictions in California follow the same process. First, a landlord must serve the tenant with a written notice stating the lease violations and reason for eviction. If your rental fails to fix the issue, the landlord has to file a complaint with the courts.
From there, you’ll move on to court hearings which will continue until a judge issues their ruling. If the court rules in favor of the landlord, a writ of execution will be issued and the rental’s possession is returned to the rightful owner.
Steps of an Eviction
The following are the general steps one must take when carrying out an eviction in California:
Written Notices for Terminating a Lease with Legal Cause
In California, like in many other states, landlords cannot legally evict a tenant without cause. The permissible legal causes to evict a tenant in this state are:
- Failing to pay rent on time
- Staying after the lease has ended
- Violating the terms of the lease
- Committing illegal activities on the premises
The type of eviction notice you send a tenant will be determined by the reason for the termination. Typically, there are three types of eviction notices given in California:
- 3 Days’ Notice to Quit – When evicting a tenant for nonpayment of rent or lease violations, landlords must serve tenants a 3-day notice to quit. This gives tenants a chance to fix the problem or move out. If the tenant fails to do either, the landlords can then start the eviction process.
- 3 Days’ Notice to Vacate – Landlords can evict tenants who’ve committed illegal activities on the premises. They must first serve the tenant a 3-day notice to vacate. If the tenant does not move out, the landlord can proceed with the eviction process.
- 30 or 60 Days’ Notice to Vacate – When a tenant’s lease has expired and they continue living on the premises, landlords can issue a 30-day or 60-day notice to vacate. If the tenant still doesn’t move out, the landlord can file an eviction lawsuit.
Filing an Eviction Lawsuit in the California Court
If the tenant has failed to pay the due rent, cure any lease violations, or continues to live on the property after the notice period has ended, the landlord can go on with the eviction process. They can do so by filing a complaint and summons with the Superior Court of California. The complaint should include:
- If the tenancy is subject to the Tenant Protection Act of 2019
- The landlord and tenant’s full contact information
- The rental’s full address
- The type of tenancy and lease agreement
- The grounds for eviction
- The type of notice that was initially served, the date of service, and the method of delivery
- The landlord’s demand requests
After filing the complaint, the court will serve the tenants with the summons and complaint.
Tenant Eviction Defenses in California
Tenants can answer to the eviction lawsuit within 5 days after receiving the summons and complaint. If they respond, their landlord must file a request for a hearing. During the court hearing the tenant will be able to challenge the eviction. For instance, the tenant can claim that the landlord waited too long to file the lawsuit, that they refused to take rent, or that the property wasn’t habitable.
Attending Court Hearing
Typically, the eviction hearing is held within 20 days of the landlord filing the request. During the hearing, both parties will be able to explain their case. During this time, landlords should bring all the documentation that proves their case, including a copy of the lease agreement, a copy of the notice to quit or vacate, the initial complaint filed in court, and any evidence that supports their claims.
Writ of Restitution
If the judge rules in favor of the landlord during the hearing, a writ of execution will be issued. This document is the tenant’s final notice to voluntarily vacate the premises before the sheriff returns to the property and forcibly removes them. If the tenant hasn’t moved out within 5 days after being served with a copy of the writ of execution, the local authorities will remove them and give possession of the property back to the landlord.
Bottom Line
Evicting tenants is never easy. Navigating the legal intricacies of the eviction process can be incredibly challenging. But, by familiarizing yourself with the eviction process in your state, you’ll be able to evict problematic tenants effectively. If you have specific questions about the eviction process in California or need help managing your rentals, contact Trumark Real Estate Management today!
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.