Eviction Law in California

What Is an Eviction?

An eviction is the forceful exiting of tenants following an issued notice by the property owner or landlord. Evictions usually come as a result of failure to pay rent, or from violations of the lease agreement. However, evicting a problem tenant can be a long and costly experience as landlord-tenant laws favor tenants. Getting a better understanding of California eviction law can help.

Even though eviction notices happen as a result of serious problems with the tenant, not all eviction notices lead to an actual eviction. Oftentimes, eviction notices serve as a final warning for the tenant. If the tenant can then pay rent, or begin to follow the lease agreement, they may avoid eviction.

When Can Landlords Send a Termination Notice?

The Tenant Doesn’t Pay Rent

If a delinquent California tenant frequently pays rent late or has not paid rent at all, there is a good reason for eviction. Some states do have a grace period for an occasional late payment. However, if a tenant makes a habit of always paying late, that grace period does not apply and the property owner can provide an eviction notice.

In California, landlords are not legally required to provide a grace period for late rent payments. Rent is considered late if not paid by the agreed-upon due date, and landlords may charge a reasonable late fee as specified in the lease agreement.

You should always provide your tenant with “late rent” notices and keep a copy for yourself in your files. That way, if the eviction case goes to court, you have paper evidence of their failure to pay rent on time.

The Tenant Violates the Terms or Conditions of the Lease Agreement

Lease agreements are legal contracts. This means if your tenant violates the contract in any way, it can be grounds for eviction. For example, if your lease agreement says that your tenant cannot have an additional person living in the unit, and they violate this rule, you can begin the eviction notice process.

The lease agreement is also legally binding for the landlord. This means that any California landlord must also follow the rules laid out in the agreement, such as making repairs, and performing maintenance written into the lease.

The Tenant Damages the Property

Tenants are going to cause damage to the property; it’s unavoidable. Wear and tear when living in a home is normal. Still, there’s a difference between scratches on the wall or broken blinds, and intentional destruction of property.

If it’s clear that your tenant is doing severe damage to your property, such as breaking through walls or smashing windows, this may be cause for eviction. However, if your tenant makes repairs themselves, and doesn’t make any major changes to the property, this might not be grounds for eviction.

The Tenant Uses the Property for Illegal Purposes

If your tenant is using your California property for illegal purposes, such as selling drugs or weapons, this can be clear grounds for eviction. Reporting the issue might also bring criminal charges against the tenant.

However, you should prepare to provide evidence that the tenant is using the property for illegal purposes. If law enforcement came to the property to address these issues at any time, these reports can prove helpful.

How to Evict a Tenant in California

If you want to evict a tenant for any reason, then you need to understand the eviction process. Here’s how it works.

Step 1. Check Your Local Laws

Eviction laws are different in each state and can also vary at the city level. Therefore, it’s important to familiarize yourself with local laws before taking any action. Always ensure you have a legally valid reason for an eviction before giving notice. A qualified California attorney can help review your case to determine if you do.

Under California Law, nonpayment of rent is grounds for eviction. In addition, landlords can evict tenants for any violation of the lease agreement.

Step 2. Give a Formal Notice of Eviction

If you’ve attempted to resolve the issue with your tenants and they continue to violate the lease terms, the next step is to issue a formal eviction notice. This notice serves as a final warning, outlining the specific violations and what actions the tenant must take to avoid eviction.

The notice should include a clear deadline for the tenant to either address the issue—such as paying overdue rent—or vacate the property. It should also specify the amount owed, if applicable. If you’re unsure how to draft an eviction notice, consider using an online template or consulting an attorney for guidance.

Under California legislation, landlords have to give notice before beginning an eviction process. In most cases, the landlord must give the tenant three days to either cure the problem or move out. This applies to both nonpayment of rent and other violations of the rental agreement.

Landlords must give written notice of the violation and the deadline to cure. This notice can be properly served in one of three ways. First, the notice can be hand-delivered to the tenant. Second, the notice can be hand delivered to another adult at the tenant’s residence or workplace. However, when using this method, a landlord must also mail a copy to the tenant. As a final option, the notice can be posted at the property and a copy mailed to the tenant.

Step 3. File the Eviction with the Court

You must file the eviction notice with the court within a few days. The court will then set a hearing date and will notify the tenant of the hearing by a summons.

Eviction cases in California fall to the Superior Courts. Jurisdiction varies depending on the county where the property is located.

Step 4. Contact an Experienced California Eviction Attorney and Prepare for the Hearing

You should find an attorney as soon as possible to help you prepare for the hearing. Then, when you go to the hearing, you should bring the following documents:

Lease agreements
Records of payments
Bounced checks
Record of communication between you and the tenant
Record of the eviction notice
Proof that the tenant received the notice

Step 5. Evict the Tenant

If you’ve won the hearing, your tenant will have time to move out of your property. The amount of time allowed is dependent on the state, but it typically ranges from 48 hours to one week. If the tenant refuses to leave, you can contact California law enforcement to forcibly remove them from the property.

Step 6. Collect Past-Due Rent Payments

If your tenant owes you rent money, you may still have a long fight ahead to collect past-due payments. You can try to collect these payments through several methods:

Hiring a private debt collector
Garnishing their tax refunds
Garnishing their wages
Taking the case to small claims court

Work with an Experienced Eviction Attorney in California

The tenant will likely try to argue that you did not follow proper procedures for providing an eviction notice. Having a qualified California attorney on your side can take the pressure off your back, and help ensure a court victory. We can even help you connect with an attorney across California state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.

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