Evicting a resident can be one of the most challenging parts of being a landlord. As a California property owner, you can remove a tenant from your rental property only when you have a legitimate, legally recognized reason to do so.

It’s also vital to follow the law carefully. Mistakes such as serving the wrong type of notice or attempting an illegal eviction can delay the process and even give the tenant more time to stay in your property.

In this guide by Mabry Management, you’ll learn how the California eviction process works, from the valid reasons for eviction and proper notice procedures to tenant defenses and court hearings.

What’s the Eviction Process in California? Here is a Guide

The eviction process in California involves several structured steps. Each must be completed correctly to ensure a lawful and enforceable removal of a resident.

Notice for Lease Termination with Legal Cause

A legal cause refers to a legitimate reason a landlord must have before evicting a resident. California landlord-tenant law specifies several valid reasons for eviction, including:

• Failure to pay rent on time.
• Remaining in the property after the lease term ends, which is considered a holdover tenancy.
• Violating lease terms.
• Engaging in illegal activity or repeated lease violations.

If you have any of these reasons, you can begin the eviction process by terminating the lease. To do this, you must serve the tenant with an eviction notice that specifies the reason and provides a set timeframe for compliance or move-out.

For example:

• Nonpayment of rent: Serve a 3-day notice to pay rent or quit. This gives the tenant three days to pay the overdue rent or vacate.
• End of lease term: Serve a 30-day notice if the tenant has lived there less than one year, or a 60-day notice if they have occupied the property for more than one year.

If the tenant does not comply or move out within the notice period, you can proceed to file an eviction case in court. Just make sure to follow the Fair Housing laws.

Serving a Tenant with an Eviction Notice in California

Eviction notices must be served using approved methods to be legally valid. In California, landlords have several options for proper delivery:

• Hand-deliver the notice directly to the tenant.
• If the tenant is unavailable, leave the notice with another adult occupant and also mail a copy to the tenant’s address.
• Post a copy of the notice in a visible area on the property, then mail another copy to the rental unit.

Each method ensures that the tenant is properly informed, reducing the risk of delays or disputes in court.

Tenant Eviction Defenses in California

When faced with an eviction, tenants in California can present several defenses in court. Being aware of these helps landlords prepare their case effectively.

Common tenant defenses include:

• The tenant has already paid the rent in question.
• The landlord provided the wrong type or length of notice.
• The landlord accepted rent after issuing the eviction notice.
• The alleged lease violation did not occur.
• The eviction was retaliatory or discriminatory.
• The landlord attempted an illegal “self-help” eviction, such as changing locks, removing belongings, or keeping the security deposit.

Understanding these potential defenses can help you gather the right documentation and evidence to support your position in court.

Attending the Court Hearing

The eviction hearing is where both parties present their cases before a judge. Preparation is crucial for achieving a favorable outcome.

Landlords should bring all necessary documents, including:

• The lease agreement.
• Copies of eviction notices.
• The filed complaint.
• Proof of service and any other relevant evidence.

If the court rules in your favor, it will issue a Writ of Execution, authorizing the tenant’s removal. This writ is the final notice the tenant receives before the sheriff enforces the eviction. If the tenant still refuses to leave, law enforcement will remove them from the premises.

Bottom Line

Successfully completing an eviction in California requires strict adherence to legal procedures and accurate documentation. Even minor errors can delay the process or invalidate your case.

If you have questions about the eviction process or need professional property management services in Torrance and the Greater South Bay Area, Mabry Management is here to help. With decades of experience, our team provides expert guidance and full-service management to protect your investments and ensure compliance with California rental laws. Contact us today to learn more.

Disclaimer: This article is for informational purposes only and should not be considered legal advice. For guidance specific to your situation, please consult a qualified attorney or legal professional familiar with California landlord-tenant law.