How to Evict a Tenant in California

How to Evict a Tenant in California

Every state has different laws about evicting tenants. Since we are based in California, our explanation is titled “How to Evict a Tenant in California”.

As a landlord, you should know the only way to legally evict a tenant in California is by filing a lawsuit.

KEY TAKEAWAYS

• California laws require landlords to file a lawsuit to evict their tenants.
• Only 7 legal grounds exist allowing a landlord to evict a tenant, we explain them here.
• California has strict requirements regarding how tenants are served with an eviction lawsuit. We explain them here.
• Before filing the lawsuit, landlords must serve the tenant with a carefully worded notice to comply, move, or a lawsuit will be filed.
• Landlords can file their own lawsuits in California and act as an attorney.
• Serving tenants with legal notices require a specific waiting period before filing a lawsuit.
• Three legal forms are required to file an Unlawful Detainer Lawsuit in California.
•  After filing the lawsuit, the tenant must be served with a Summons and Complaint.
• The tenant must respond to the lawsuit within 5 business days.
• If the tenant challenges the lawsuit, a trial date is set in front of a county judge.
• The civil trial allows both parties to present evidence, call witnesses, cross-examine witnesses, file legal documents, make motions for the judge to act on, and give closing arguments.
• If the landlord wins, the judge issues a Writ of Possession allowing the local sheriff to physically remove the tenant.

File a Lawsuit to Evict a Tenant in California

In California, a lawsuit to evict a tenant is called an “unlawful detainer action”. Before the COVID-19 pandemic, according to experienced attorneys, it would take “about one month” to go through the entire process. That’s because California gave higher priority to eviction lawsuits over other civil cases.

You as the landlord will be the “plaintiff” and the tenant is the “defendant”. First, let’s explain on what legal grounds you can evict a tenant.

 

Legal Grounds for Evicting a Tenant in California

 

There are 7 legal grounds to evict a tenant:

1. Failing to pay rent;
2. Damaging your property and bringing down its value;
3. Violating the terms of the rental agreement and failing to fix them;
4. Remaining after the lease expires;
5. Using your property for unlawful purposes;
6. Using, selling, manufacturing, or possessing illegal drugs on your property; and
7. Becoming a significant nuisance to other tenants or neighbors and not stopping after being warned.

Beware: No matter how badly a tenant behaves or how angry you become, you can’t use self-help means to evict a tenant. You can’t cut off utilities or physically lock out the tenant. Never make threats to use violence or other unlawful methods including threats to deport an immigrant tenant.

Your only option is to file an unlawful detainer lawsuit in California.

If you do anything unlawful to try to evict a tenant you can face a lawsuit for actual damages you caused plus up to $2,000 per occurrence. Also, it’s illegal if you file an eviction to retaliate against a tenant who exercised legal rights or complained about poor conditions to a government agency.

 

Serving the Tenant with Proper Notice

 

Before you start using legal procedures, you should communicate with your tenant to resolve the problem. You can suggest using a legal mediator if emotions run high to get your differences resolved. If these don’t work, then you must start the legal action.

If your tenant failed to pay rent on time and in full you must serve a three-day notice that the rent is due. It’s called a “Three-Day Notice to Pay Rent or Quit”. This notice states if your tenant fails to pay up in three days you will start the eviction process.

You can only ask for the unpaid rent. You can’t add on penalties or unpaid utilities. Your notice must specifically include:

• The full name, address, and phone number of you (as the landlord) or the financial institution, the rent must be paid to and include the days and hours for receiving the rent;
• The date you serve the notice to your tenant;
• Full name and address of the tenant;
• The total amount of the rent due;
• A certificate of service specifying how you served the notice on your tenant; and
• Your signature as the landlord.

 

Beware of These Potential Problems with Your Notice

 

Beware: some tenants may claim you never served the notice or it failed to contain all the required information. That’s why you must carefully include all of the information required in the notice. Plus, make personal service to the tenant. You can’t leave it near the tenant’s door or mailbox or with a neighbor.

Exception: The law allows for “substitute service” by giving the notice to a resident who is at least 18 years old. Or, you can leave it at the tenant’s place of work or mail a copy to the tenant. Some counties allow you to “nail the notice” onto the front door and mail a copy to the tenant if none of the options above are available.

A month-to-month tenancy requires a 30-day notice to move out. Yet, living there for more than one year the notice must give 60 days’ notice. Government-subsidized apartments require at least 90 days’ notice.

Wait for the Notice to Expire

 

Your tenant has 3 options after receiving your three-day notice:

1. Pay the rent within three days;
2. Move out within three days; or
3. Ignore the notice and remain on the property.

 

File the Unlawful Detainer Lawsuit

 

You must file three forms with the county superior court:

1. Unlawful Detainer Complaint;
2. Civil Case Cover Sheet; and
3. Prejudgment Right of Possession Form.

Beware: You must carefully fill in these forms correctly. One mistake can lead to your lawsuit getting thrown out.

When you file these three documents, the court clerk will give you a Summons and a stamped copy of the Unlawful Detainer Complaint.

If there are persons not listed in your lease agreement living there, you need another form called the Prejudgment Right of Possession. You must personally serve those persons with this form along with the Summons and Complaint. This makes them defendants in the lawsuit.

 

Serve Your Tenant with the Summons and Complaint

 

Like before, you must personally serve your tenant with the Summons and Complaint. Then, you fill out a Proof of Service form for the court explaining how and when you personally served the defendant.

 

Wait for Your Tenant’s Response to the Lawsuit

 

Your tenant must respond within five business days challenging the lawsuit. The tenant may attack the way you served the legal documents. Or, that they were not served on time.

Your tenant also can challenge your complaint’s allegations. Claiming the rent was paid, or no violations occurred, or illegal acts on your part.

After five business days, if the tenant failed to respond, you can ask the court for a Default Judgment by filing another form. The court clerk will set a hearing date where you show the judge all the evidence you have supporting your lawsuit. Also, you followed all the legal procedures.

 

If Your Tenant Responds

 

You or your tenant can ask for a trial date. In the meantime, you can’t collect rent and your tenant remains on your property.

The trial will be a typical civil trial with motions, objections, witnesses, the evidence presented, and testimonies from you and your tenant.

If the judge rules in your favor, the court will issue a Writ of Possession giving the local sheriff the power to physically remove the tenant. Of course, your tenant may voluntarily move out.

The court will order the tenant to pay the rent, your attorney’s fees (if you use one), and up to a $600 penalty.

 

How to Evict a Tenant in California – Conclusion

This was only a summary of the process of how to evict a tenant in California. It can get complicated depending on how your tenant responds to every step you must take.

For example, if your tenant hires a lawyer who knows all the tricks and loopholes to make your head spin, you will spend more time and money.

If you lose the lawsuit, your tenant can ask the court to award attorney’s fees (if one was used), costs, and damages if the court finds your lawsuit unjustified. For instance, the court finds you were retaliating against your tenant for exercising his or her legal rights by complaining to a local government agency about the poor condition.

 

 

Want to Avoid the Hassle of Evicting Tenants in San Diego County?

 

WeLease takes all of the time and stresses out of being a landlord. We handle all types of rentals from single-family homes to large apartment complexes. We handle every step including:

• Advertising vacancies;
• Finding new tenants;
• Signing them up with a lease agreement;
• Collecting the deposits and rents;
• Dealing with maintenance, repairs, and emergencies;
• Evicting bad tenants; and
• Cleaning the unit before advertising for a new tenant.

Contact us for all your landlord needs in San Diego County.

 

Steven Rich, MBA – Guest Blogger

 

 

HAVE ANY QUESTIONS?

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WeLease Property Management Company

Disclaimer: As a real estate company, we can’t give legal advice. Our suggestions in this post are based on legal publications. Do not take our suggestions as legal advice that only a licensed attorney can provide. If you intend to file a lawsuit or serve tenants with legal documents, consult with a licensed attorney familiar with California real estate laws.