Eviction Process in California can be a tricky and emotional process for everyone involved. In California, the laws around evictions are pretty strict to make sure tenants’ rights are protected. This guide by APG will walk you through the ins and outs of when and how landlords can evict tenants in California, what happens during the process, and what both landlords and tenants should expect. Knowing these rules is key to keeping everything fair and legal.

Terminating a California Tenancy for Cause

Sometimes, landlords need to evict tenants for specific reasons, known as “for cause” evictions. Here are some common reasons:

Nonpayment of Rent

If a tenant doesn’t pay rent on time, the landlord can give them a three-day notice to pay or leave. This notice means the tenant has three days to pay up or move out. If they don’t, the landlord can start the eviction process in California.

Violation of Lease Terms

When tenants break the rules of their lease, like having a pet when pets aren’t allowed or subletting without permission, the landlord can issue a notice to fix the problem or move out. This notice gives the tenant a chance to correct the issue. If they don’t, eviction proceedings can begin.

Illegal Activities

If a tenant is doing something illegal on the property, like dealing drugs or running an unauthorized business, the landlord can give them a three-day unconditional quit notice. This notice means the tenant must move out immediately, with no chance to fix the issue.

Terminating a California Tenancy Without Cause

Sometimes, landlords want to end a tenancy even if the tenant hasn’t done anything wrong. This is called a “no-cause” eviction, and it comes with its own set of rules:

Month-to-Month Tenancies

For month-to-month tenants, landlords need to give a written 30-day notice if the tenant has lived there for less than a year. If the tenant has been there for more than a year, the notice period is 60 days.

Fixed-Term Leases

If a tenant is on a fixed-term lease, the landlord usually can’t end the tenancy without cause until the lease is up. When the lease term ends, the landlord can give the required notice if they don’t want to renew it.

Just Cause Ordinances

In some California cities, there are “just cause” ordinances that limit when a landlord can evict a tenant without cause. These local laws offer extra protection to tenants and might require landlords to provide financial assistance for relocation.

California Eviction Laws and Process

The eviction process in California has several steps that both landlords and tenants need to follow:

Notice to Vacate

The eviction process in California starts when the landlord serves a notice to vacate. The type of notice and the time frame depend on why the tenant is being evicted. This notice must be delivered in person, posted on the property, or sent by certified mail.

Filing an Unlawful Detainer Lawsuit

If the tenant doesn’t comply with the notice to vacate, the landlord can file an unlawful detainer lawsuit in court. This is the legal action that officially starts the eviction process.

Court Hearing

A court hearing will be scheduled where both the landlord and tenant can present their case. The judge will look at the evidence and make a decision. If the judge rules in favor of the landlord, a judgment for possession will be issued.

Writ of Possession

The landlord must then get a writ of possession from the court. This document allows the sheriff to remove the tenant from the property. The sheriff will serve this writ to the tenant, giving them one last chance to leave on their own.

Eviction by the Sheriff

If the tenant doesn’t move out after receiving the writ of possession, the sheriff will physically remove them from the property. The landlord can then change the locks and take back possession of the rental unit.

What Happens When a Landlord Doesn’t Follow California Eviction Rules?

Landlords must follow California’s eviction laws carefully. If they don’t, there can be serious consequences:

Dismissal of Eviction Case

If the landlord doesn’t follow the right procedures, the court might dismiss the eviction case. This means the tenant can stay in the property, and the landlord will have to start the process all over again.

Penalties and Fines

Landlords who try to evict tenants illegally can face penalties and fines. Illegal eviction methods include changing the locks, shutting off utilities, or physically removing the tenant without a court order.

Tenant’s Right to Sue

Tenants can sue landlords for wrongful eviction. If they win, they might get compensation for emotional distress, legal fees, and possibly punitive damages.

What Happens to a Tenant’s Abandoned Property After an Eviction?

When a tenant gets evicted or moves out and leaves belongings behind, California law has specific steps for landlords to follow:

Notice of Right to Reclaim

The landlord must send a notice to the former tenant, telling them they can reclaim their property. This notice must list the items left behind and the deadline for picking them up, usually 15 days.

Storage and Disposal

The landlord has to store the abandoned property safely. If the tenant doesn’t reclaim the items within the given time, the landlord can get rid of them. Items worth less than $700 can be thrown away or sold. If they’re worth more, the landlord must hold a public auction.

Proceeds from Sale

Any money made from selling the tenant’s property must first cover storage and sale costs. Any leftover money should be sent to the tenant. If the landlord can’t find the tenant, the money goes to the county.

Resources on Evictions in California

There are many resources available for landlords and tenants dealing with evictions:

• California Department of Consumer Affairs: They offer guides and information on landlord-tenant laws.
• California Courts Self-Help Center: This center provides legal information and resources for both landlords and tenants.
• Local Legal Aid Organizations: Many non-profits offer free legal help to low-income tenants facing eviction.

Talk to a Landlord-Tenant Attorney

Because California’s eviction laws are so complex, it’s often a good idea for both landlords and tenants to talk to a landlord-tenant attorney. An experienced attorney can give legal advice, help navigate the eviction process, and make sure everything is done according to the law. They can also represent clients in court, which can make a big difference in the outcome.

Conclusion

Evictions in California are governed by detailed laws designed to protect tenants while allowing landlords to manage their properties effectively. Whether evicting for cause or without cause, landlords must follow strict legal procedures. Tenants, on the other hand, have rights that safeguard them against illegal evictions. Understanding these laws and procedures is essential for both parties to navigate the eviction process in California fairly and legally. For personalized advice and representation, consulting with a landlord-tenant attorney is highly recommended.