Learn why you may evict a renter in California and how to get started.
What you will discover:
Starting Over
What exactly is a “Unlawful Detainer” Lawsuit?
When Should You Consult a Lawyer?
If you want to evict a renter in California, you must first provide a legal justification for doing so. The most typical grounds for evicting a tenant include failure to pay rent, property damage, or a breach of the lease or rental agreement.
You may also evict a renter in California if:
The renter remains after the lease expires and refuses to leave voluntarily after receiving adequate notice to relocate, or the landlord terminates the rental agreement for a justifiable cause and the tenant refuses to leave on his or her own after receiving sufficient notice.
If your circumstance fits the aforementioned requirements, you may be allowed to evict your renter. However, if you have never had an issue with the renter before or just do not want to go through the legal procedure, you should first consider hiring a mediator or resolving the situation yourself via something like negotiation. If mediation or discussions fail, you may usually remove a tenant via the courts.
Table of Contents
Starting Over
You may start the eviction process in California by serving your tenant with an Eviction Notice. Depending on your circumstances, this notice may or may not specify the reason(s) for eviction:
For example, if the renter is failing to do anything, such as pay rent, the notice must indicate this as well as the time and method in which the tenant must pay rent to prevent eviction. If your renter fixes the issue, you no longer have grounds to evict them. If your tenant fails to resolve the issue within the time frame specified, you may initiate a “Unlawful Detainer” action.
If the notice does not need to provide a cause or grounds for the eviction—for example, a 30-day notice to vacate a month-to-month tenancy—you may bring a lawsuit as soon as the notice period expires.
If your city or county has unique laws, such as rent control legislation, you may be required to submit a grounds for eviction.
What exactly is a “Unlawful Detainer” Lawsuit?
An eviction action in California is known as a “unlawful detainer” litigation. Expect the following once you file:
The whole procedure should take roughly two months. You as the landlord may be unable to take rent during this period, but the renter will eventually be accountable for it.
After being served with your complaint, the renter has roughly five days to react.
The court will then set a trial date within 20 days of your request.
The trial normally lasts one hour.
If you win, the renter will typically have five days to evacuate, depending on how quickly the sheriff issues the lock-out order and if the tenant can get more time. The sheriff may use the lock-out order to physically lock the renter out of the rented property.
When Should You Consult a Lawyer?
Evicting a renter in California may be tricky, so consulting with a real estate attorney is always a good option. You should think about doing this particularly if:
The renter is employed by you and resides on the property: If you employ the renter and the tenant fails to pay rent as a condition of employment, you may normally launch a lawsuit after the tenant no longer works for you. (The renter has the option of being fired or quitting.)
The renter is a resident of a hotel: If a tenant stays in a hotel with more than six rooms for more than 30 days and the hotel is the tenant’s principal home, they will normally be awarded regular tenant rights.
The renter is a resident in a mobile home or RV park: This varies greatly across counties, thus it is best to consult with your local superior court or a real estate attorney.
A rental apartment has gone into foreclosure: When a property is acquired by a new owner, a tenant residing in a foreclosed apartment is often NOT evicted. However, there are several possible outcomes in this case, therefore consulting with a lawyer is advised.
