As a landlord in California, it’s important to have a thorough understanding of the state’s eviction procedures. The eviction process can be complicated and time-consuming, and it’s essential to follow the correct steps to ensure a legal eviction. In this blog post, we’ll take a closer look at California’s eviction procedures. Whether you’re a new landlord or a seasoned pro, this guide will help you navigate the eviction process with confidence.
What is eviction and why do landlords evict tenants?
Eviction is the legal process through which a landlord removes a tenant from a rental property. It usually starts with a notice to the tenant, either to pay rent or to vacate the property and if the tenant does not comply, the landlord can then file for eviction with the court. The purpose of eviction is to regain possession of the rental property so that the landlord can either re-rent it or use it for another purpose.
There are several reasons why landlords may choose to evict a tenant. Some common reasons include:
- Non-payment of rent: If a tenant fails to pay rent on time, landlords may choose to start the eviction process.
- Violation of lease terms: If a tenant violates a lease agreement, such as by causing damage to the property or engaging in illegal activities on the premises, landlords may choose to evict them.
- Breach of lease agreement: If a tenant breaches the lease agreement, such as by having unauthorized occupants or pets, landlords may choose to evict them.
- End of lease agreement: Landlords may choose to evict tenants at the end of a lease agreement if they do not renew or renew on different terms
How to start the eviction process in California?
As per California landlord-tenant law, the eviction process typically starts with the landlord serving a notice to the tenant. The kind of notice required will vary depending on the cause of the eviction. Here are the most common types of notices that a landlord can serve in California:
- Three-Day Notice to Pay Rent or Quit: This notice is served to tenants who have failed to pay rent on time. It gives the tenant three days to pay the rent or vacate the property.
- Three-Day Notice to Perform Covenant or Quit: This notice is served to tenants who have violated a term of the lease agreement, such as causing damage to the property. It gives the tenant three days to correct the violation or vacate the property.
- Three-Day Unconditional Quit Notice: This notice is served to tenants who have committed a serious violation of the lease agreement, such as engaging in illegal activities on the property. It gives the tenant three days to vacate the property without the opportunity to cure the violation.
- Thirty-Day or sixty-day Notice to Vacate: When a landlord wants a tenant to leave a property without giving a reason, they may give them this notice at the conclusion of a fixed-term lease or when the tenancy is month-to-month.
Once the notice has been served, the tenant has the number of days specified in the notice to either comply with the notice or vacate the property. If the tenant does not comply, the landlord can then file for eviction with the court. The court process in California typically includes a summons and complaint, and a hearing in front of a judge. If the judge rules in favor of the landlord, a writ of possession will be issued, which allows the landlord to regain possession of the property with the help of a sheriff or marshal.
What happens during the eviction process?
The eviction process in California typically involves the following steps:
- Serving a notice: The landlord serves a notice to the tenant, such as a Three-Day Notice to Pay Rent or Quit, a Three-Day Notice to Perform Covenant or Quit, a Three-Day Unconditional Quit Notice, or a Thirty-Day or Sixty-Day Notice to Vacate. This notice gives the tenant a certain number of days to comply with the notice or vacate the property.
- Filing a complaint: If the tenant does not comply with the notice, the landlord can file a complaint with the court. The complaint must be filed in the proper court and must include a summons.
- Serving the summons and complaint: The tenant must be served with a copy of the complaint and summons. This can be done by personal service, substituted service, or posting and mailing.
- Answer: The tenant has five calendar days after being served with the summons and complaint to file an answer with the court.
- Hearing: A hearing will be scheduled in front of a judge. The landlord and the tenant will have the opportunity to present their case and evidence.
- Judgment: The judge will reach a conclusion following the hearing. If the judge rules in favor of the landlord, a writ of possession will be issued, allowing the landlord to regain possession of the property with the help of a sheriff or marshal.
- Execution of the writ of possession: If the tenant does not vacate the property voluntarily, the landlord must wait for the sheriff or marshal to execute the writ of possession. This typically occurs within a few days of the issuance of the writ.
It’s important to note that the laws and regulations vary depending on the state and country, and the landlord can only evict the tenant under specific legal circumstances and after following the proper legal procedures. It is also important to consult with a legal professional or attorney before starting the eviction process to ensure compliance with state laws and regulations.
In conclusion, the eviction process in California can be a complex and time-consuming process, and it’s essential for landlords to understand the proper procedures and laws. By familiarizing themselves with the different types of notices, the court process, and the rights and responsibilities of both landlords and tenants, landlords can navigate the eviction process with confidence.