California Eviction Process

How to Evict a Tenant in California (7 Steps)

Step 1: Serve the Eviction Notice

In California, the Tenant Protection Act (AB 1482) governs the eviction process, ensuring that landlords cannot evict most tenants without a “just cause.” A landlord can begin the eviction process in California by serving the tenant with written notice through any of the following methods:

• Hand delivery to the tenant (by the landlord or someone else over 18 years).
• If the tenant is absent from the residence and their usual place of business: Hand delivery to a person of suitable age at either the residence or usual place of business. For good measure, also deliver by mail to the tenant’s residence.
• If all forms of hand delivery fail: Post the notice to a conspicuous place on the property, and deliver by mail to the property, addressed to the tenant. If possible, hand the notice to a person residing on the property.

Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court. Once the notice was sent out, they should also write down on a piece of paper the notice type, how it was delivered, the date of delivery, signature, and this exact statement: “I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.”

Step 2: Wait for the Tenant to Respond

If the tenant cures the violation or pays the overdue rent within the notice period, an eviction can be avoided. If an eviction case is filed in court before the notice period ends, the court will likely dismiss it.

Another potential tenant action might be wanting to discuss and find a resolution. Mediation can be considered to facilitate reaching a solution. If no agreement is reached by the deadline, initiating an eviction case becomes an option.

If the tenant does not take action by the deadline, you can proceed with your case in court. Winning the case allows for the tenant’s eviction.

Step 3: Prepare Your Eviction Lawsuit Forms

You can file an eviction (unlawful detainer) case after the tenant fails to comply with the notice and the deadline has expired. The forms you need to fill out ask the court to order the tenant to vacate and possibly pay overdue rent.

Required documents:

• Copy of lease agreement (if applicable) and any agreed-upon written changes.
• Copy of the notice provided to the tenant(s).
• Written proof of notice delivery.
• Additional evidence supporting the eviction case.

Four main court forms are needed:

• Summons – Unlawful Detainer-Eviction (Form SUM-130)
• Complaint – Unlawful Detainer (Form UD-100)
• Plaintiff’s Mandatory Cover Sheet and Supplemental Allegations – Unlawful Detainer (Form UD-101)
• Civil Case Cover Sheet (Form CM-010)

Enter the address of the court handling eviction cases in the county where your tenant is located. You are the plaintiff, and the tenant(s) are the defendant(s). List all tenants and residents, even if not on the lease, to prevent potential complications.

Step 4: File Eviction Summons and Complaint Forms in Court

Make copies of all forms and attachments: an original for the court, a copy for yourself, and additional copies for each tenant or resident involved. The filing procedure can be carried out:

• In-Person: Visit the superior court in the county where the rental home is situated. Submit the forms’ originals and copies to the court clerk’s office.
• By Mail: Mail the clerk the original and two copies. Add the filing fee or a fee waiver request and a self-addressed stamped envelope. Ensure sufficient postage to receive copies back by mail.
• Online Filing (efiling): You can find out the availability on your court’s website.

Fee requirements:

Filing fees range from $240 – $450, depending on the amount you are suing for:

• Less than $10,000: $240
• Between $10,000-$25,000: $385
• $25,000 or more: $435

If unable to pay, a fee waiver form can be submitted. You qualify if you are receiving public benefits, your income is below a set amount, or you are unable to afford the fee while meeting basic needs.

The clerk will stamp all forms, keep the original, and return copies to you. Save one for your records and deliver other copies to each tenant through the legal process of serving.

Step 5: Serve the Papers to the Tenant

Determine the best location and time for the server to deliver the papers to all tenants and other people in the home who need to be evicted. This can be done at their home, workplace, another person’s home, or public places.

• Selecting a Server: Since you can’t serve the forms yourself, you must choose someone 18 years or older who should not be involved in the case. They can be:
  • Someone known to you.
  • The county sheriff (varies by county).
  • A professional process server (consider hiring one near the tenant’s location to save costs based on serving time).
• Serving the Papers: The server must personally hand a copy of the filed papers to the tenant. They should also note the location, date, and time of service for filling out the Proof of Service of Summons (Form POS-010). If the tenant refuses the papers or is frequently not home, the server should still attempt delivery. Note these challenges for documentation.
• Proof of Service: Use the Proof of Service of Summons and start by filling in the case and court details. The server completes the form detailing how, when, and where they served the papers, followed by dating and signing.
• File the Form: The server should return the completed Proof of Service form to you for court filing. Make a copy and submit the original and the copy to the court clerk’s office. The court keeps the original, and the stamped copy is returned to you.

Step 6: Get Ready and Attend the Trial

After serving the Summons and Complaint, tenants have five days to file a response with the court (The period excludes Saturdays, Sundays, and court holidays). If the tenant was not served in person, they have 15 days to respond.

Preparing for Trial:

• Bring the original lease or rental agreement.
• Present all notices served to the tenant.
• Gather any written communication between you and the tenant.
• Show photos of damages (if any) or building reports to support your case.

Tenant Response:

• If the tenant responds and files an answer, landlords can request a trial date by filing a Request to Set Case for Trial — Unlawful Detainer.
• If the tenant does not file a response on time, on the 6th day (or 16th day if not served in person), landlords can file forms for a default judgment. However, tenants can file a response anytime before a default judgment is granted. Thus, it’s advisable to seek a default judgment as early as possible.
• If the tenant submits a different type of response, such as a motion to quash or demurrer (if they think your Complaint was filled out or served wrong), and they win, you might have to start the case and the entire eviction process all over again.

Throughout the process, if both parties are willing, they can attempt to settle the matter through mediation. This can help reach an agreement without proceeding to court or can supplement court proceedings.

Step 7: Possible Decisions and Next Steps

Case Dismissal:

If the tenant vacates the property or an agreement has been reached between both parties, you need to close the eviction case (dismiss) with the court. If the tenant owes rent or other dues, you can pursue these in small claims or civil court. To dismiss your eviction case, you need:

• Request for Dismissal (Form CIV-110): Indicate if a fee waiver was obtained. Date, print, and sign your name.
• Notice of Entry of Dismissal and Proof of Service (Form CIV-120): Skip if the tenant hasn’t been served with the Complaint.

If there are unresolved matters between you and the tenant, consider keeping the case open. If a judgment has been filed, you cannot dismiss it.

The Landlord Wins the Trial:

If the judge determines in your favor, they will sign a Judgment of Possession. They may also order the tenant to pay back rent, damages, penalties, and costs like filing and attorney fees (if stipulated in the rental agreement). You will need to fill out:

• The Judgment – Unlawful Detainer (Form UD-110) – the judge’s order from the trial. This document provides the right to repossess your property and outlines any monetary awards. Submit it to the court clerk. Obtain a stamped copy for your records and an additional copy for the tenant if they weren’t present during the trial.
• The Writ of Execution (Form EJ-130) grants the sheriff permission to evict the tenant and collect the owed money. Ensure Item 25 on Page 2 is completed, confirming the court’s judgment in your favor. After completion, submit it to the court clerk for stamping.

The sheriff will serve the tenant a Notice to Vacate, granting them five days to vacate your property. If the tenant doesn’t vacate within the specified period, the sheriff will physically remove them and secure the property.

The Tenant Wins the Trial:

If the judge rules for the tenant, they can continue to reside in the property, but they must still adhere to the terms of the rental agreement. The judge may order the landlord to cover the tenant’s costs, which can include filing fees and attorney fees if outlined in the rental agreement.

Carefully go through the judge’s decision to understand the reasons for ruling in favor of the tenant. If you lost due to paperwork issues or are uncertain about the ruling, seek legal counsel and pursue an appeal.

Eviction Reasons

As a landlord, it’s crucial to understand the legal grounds for evicting a tenant.

Firstly, you are not allowed to evict someone because of their race, sex, religion, national origin, marital status, sexual orientation, number of children, job, physical or mental disability, or if they’re getting public assistance.

Secondly, you cannot retaliate against them for filing a complaint about something broken or a code violation, calling emergency services, or taking other actions against you. And lastly, you can’t lock your tenants out of their homes or cut off their gas, water, or heat to make them leave.

Eviction can only occur for specific reasons, which generally fall into two categories:

“At Fault” Evictions

These occur when a tenant breaches the lease agreement or engages in unlawful activities, such as:

• Failure to pay rent
• Violation of significant lease terms
• Causing disturbances, engaging in criminal activities, or using the property unlawfully
• Refusal to allow entry or renew a similar lease

The reason for termination will dictate the type of notice required by the landlord to end the tenancy. No matter the reason, the landlord must provide the tenant with a written notice, commonly referred to as a “Notice to Quit” in California.

1. Notice for Non-Payment of Rent

Overview:

• Use if the tenant is behind on rent.
• Instructs the tenant to pay the outstanding rent within the next 3 days.
• The 3-day deadline does not include Saturdays, Sundays, and court holidays.

2. Notice for Curable Lease Violation

Overview:

• Use if the tenant violated the lease and the violation can be fixed.
• The notice requires the tenant to address the issue within a 3-day period (excluding Saturdays, Sundays, and court holidays) or vacate the premises.
• Violation examples include bringing a pet into the premises despite the lease explicitly prohibiting it, complaints from neighbors regarding excessive noise, and other violations (Cal. Code Civ. Proc. § 1161.3).

In some cities, regulations may require us to issue a prior notice, commonly referred to as a “cease and desist letter,” before sending this formal notice.

If the tenant leaves within three days, the landlord can’t start an eviction process but can sue them for unpaid rent or damages beyond the security deposit. If the tenant doesn’t fix the issue or move out in three days, the landlord can then begin eviction proceedings.

3. Notice for Non-Curable Lease Violation

Overview:

• Use it if the tenant is responsible for significant issues at the rental property.
• The notice stipulates that the tenant must rectify the issue within a 3-day timeframe, excluding Saturdays, Sundays, and court holidays, or else evacuate the premises.
• Violation examples include creating a nuisance, engaging in illegal activities, posing health and safety risks, causing substantial damage, or bringing in unauthorized subtenants.

If your tenant is protected by the Tenant Protection Act, you must first issue a 3-Day Notice to Perform Covenants or Quit, allowing them a chance to resolve the issue before giving them this notice. This notice may also be called a 3-Day Notice to Vacate or a 3-Day Unconditional Notice to Quit.

“No Fault” Evictions

These situations arise when you, as the landlord, need the property back for reasons unrelated to tenant behavior, including:

• Moving into the property yourself or having a family member do so.
• Substantial remodeling or demolition of the unit.
• Removing the property from the rental market.
• Compliance with government mandates or local laws.

Requirements for No-Fault Evictions

Each eviction reason may come with specific requirements. For instance:

• Owner Move-In: You can only evict a tenant for this reason if you or your immediate family genuinely intend to occupy the property. Effective April 1, 2024, the new resident must move in within 90 days and reside there for at least 12 consecutive months. Failure to comply means offering the unit back to the tenant at the previous terms.
• Substantial Remodel: Honesty and adherence to permit regulations are crucial when planning significant renovations that require the unit to be vacant for at least 30 days. Cosmetic changes do not warrant eviction. As of April 1, 2024, the eviction notice must detail the renovations and include copies of permits (Cal. Civ. Code § 1946.2).

1. Notice to End a Month-to-Month Tenancy

Overview:

• For tenants renting less than a year, use a 30-Day Notice to Quit, and for those renting for one year or longer, use a 60-Day Notice to Quit.
• Both notices must inform the tenant that they must vacate the premises by the end of the notice period.
• The landlord is prohibited from ending the tenancy due to a discriminatory reason.

If the Tenant Protection Act demands it, and if the tenant has lived in the house for over a year, they can either receive financial aid to relocate or be excused from paying their final month’s rent. If you choose to waive the last month’s rent, you need to specify the amount and acknowledge that the tenant doesn’t need to pay rent for their final month.

2. Notice to End a Fixed Term Tenancy

Overview:

• Landlords cannot end a tenancy longer than month-to-month without cause until the term ends.
• Notice isn’t required from the landlord if the lease doesn’t specify it at the end of the term.
• Exception: If the tenant lived at the property for 12 months, the landlord needs just cause to refuse a lease renewal, and specific notices are required for “at-fault” reasons.

3. Notice to End a Lease for Section 8 Tenants

Overview:

• Use it for Section 8 subsidized housing.
• The tenant must move out within 90 days.
• You must have a “just cause” to end the tenancy.

These types of lease terminations must include a 10-day window for discussion with landlord and individuals with disabilities can request accommodations.

Eviction Timeline

Tenant Rights in California

In California, tenants have several rights that the landlords must protect.

Self-Help Evictions

In California, landlords are strictly prohibited from taking any unauthorized actions to force a tenant out, such as:

• cutting utilities
• changing locks
• removing doors or windows
• taking the tenant’s belongings

If the tenant decides to pursue legal action, they can potentially receive compensation for actual damages and attorney’s fees, plus a daily penalty of $100 for each violation (with a minimum of $250). Additionally, the tenant may request an injunction to prevent further violations while the court proceedings are ongoing and could be allowed to remain on the property.

Abandoned Property

After a tenant moves out, if they leave personal belongings behind, the landlord must try to let them know and give them at least 15 days to pick it up (18 days if notified by mail). The landlord can charge for storing the items. If the tenant doesn’t get their things, the landlord can dispose of them after the notice period. (Cal. Civ. Code §§ 1980–1991 (2023))

Resources

• Court Self-Help Centers: Provides free legal information.
• LawHelpCA: Helps you find legal aid offices, lawyer referral services, and other free and low-cost services.
• County Law Library: Offers legal resources for people who don’t have lawyers.
• Lawyer Referral Service: Lawyer referral services.
• A Guide to Residential Tenants and Landlords Rights and Responsibilities: This resource from the California Department of Real Estate covers evictions, among other things.
• Department of Fair Employment and Housing (DFEH): State agency enforcing laws against discrimination based on protected characteristics (e.g., race, gender, national origin).
• Department of Justice: Overview of California state laws protecting renters.