Learn why you may evict a renter in California and how to get started.
What you will discover:
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.
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:
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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:
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.
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: