Are you a California landlord planning on serving an Eviction Notice in the near future? If so, you’ll need to do this the right way; mistakes during the eviction process could cost you time and money. But when you know what errors landlords tend to make while serving Eviction Notices, you’ll have a lower risk of encountering these problems.
How the Eviction Process Works for California Landlords
Evicting a tenant in California involves more than just telling them to leave and changing the locks after they’re gone. Instead, you’ll need to:
1. Give Notice
Serving an Eviction Notice will be your first step toward starting an eviction court case. You’ll need to consider your situation and choose the right Notice for your circumstances.
2. File Your Eviction Court Case
Your Eviction Notice will include a deadline. If your tenant does not take the action requested in the Notice by that date, you can continue the eviction process by filing forms in court.
3. Request Trial Date/Default Judgment
If your tenant plans to fight the eviction in court, you’ll want to ask for a trial date. Otherwise, you can request a decision from the judge without a trial.
4. Go to Trial
Assuming your case goes to trial, a judge will hear from you and your tenant and make a decision one way or the other.
5. Act on the Judge’s Decision
Finally, if the judge decides in your favor, your tenant will have to move out (and may be required to pay you). Otherwise, your tenant will be able to stay.
What Are the Most Common Eviction Mistakes?
Though this brief explanation might make evictions sound simple, this is a complex process—which means all sorts of things could go wrong along the way. If landlords aren’t careful while attempting to evict a tenant, they could run the risk of:
- Not providing proper notice
- Making errors in legal procedures/paperwork
- Not sufficiently documenting lease violations
- Forcing their tenant to leave without having a judge’s order (self-help)
Any one of these issues could slow down your eviction process or make it more expensive than it should be. But by doing some research ahead of time, you can reduce your odds of making these mistakes.
Why California Landlords Must Serve a Valid Eviction Notice First
As a landlord, you won’t be able to start an eviction court case before giving your tenant a written Notice. This Notice will inform your tenant of the issue at hand and give them a chance to pay unpaid rent, resolve an issue (or “perform covenants”), or move out (or “quit”).
According to the California Courts, a few common Notices include:
- 3-day Notice to Pay Rent or Quit. When a tenant is behind on rent, this Notice asks them to pay rent in the next three days or leave.
- 3-day Notice to Perform Covenants or Quit. If your tenant violated their lease but the problem may be fixable, this Notice gives them a chance to set things right.
- 3-day Notice to Quit. For more serious problems (such as illegal activity or causing major property damage), this Notice asks tenants to leave after three days. (If a tenant is covered by the Tenant Protection Act, you’ll need to give them a 3-day Notice to Perform Covenants or Quit first.)
- 30-day/60-day Notice to Quit. These Notices can be used to cancel month-to-month rental agreements. Since the Tenant Protection Act of 2019 limits landlords’ right to use these Notices, you’ll need to make sure you’re in compliance with this law.
- 90-day Notice to Quit. If your rental home is Section 8 subsidized housing, this Notice will let you demand your tenant to move out within 90 days.
- 30-day Notice to Pay Rent or Quit. For properties covered by the federal CARES Act, or Section 8 properties.
While this should give you a broad understanding of some widely-used Notices, you’ll have to know more than that to avoid pitfalls during this process. Getting professional legal help is the best way to ensure you’re giving a tenant the correct Eviction Notice.
Why You Can’t Force Tenants to Leave
If your tenant refuses to leave, you may be tempted to shut off their utilities or change their locks in an attempt to force them out. However, this isn’t a good idea—these actions are considered “self-help evictions,” which are against the law in California.
Instead, you’ll need an eviction order from a judge in order to legally force a tenant to leave. Even when you have one of these orders, you can’t personally remove a tenant if they still refuse to vacate the premises at this point. Instead, you’ll need help from the sheriff or marshal in this situation.
Can You Accept Rent After Providing an Eviction Notice?
Accepting rent after you issue an Eviction Notice can make the eviction process more complicated than it would be otherwise. In California, taking rent at this point could be seen as an acknowledgment of your tenant’s continued tenancy. That, in turn, could essentially cancel your Eviction Notice and force you to restart the process.
However, that doesn’t mean this is never a good idea; instead, it simply means you’ll need to account for the circumstances at hand. When your tenant has made a genuine effort to set things right after getting an Eviction Notice, accepting rent could signal that you’re willing to work with them. But if their behavior hasn’t improved, accepting rent could create issues later in the eviction process.
Establishing clear communication with your tenant will make it easier for you to understand whether or not accepting rent after providing a Notice is in your best interest. Getting qualified legal advice can also make things easier for you in this situation.
Consult California Property Law Group on Eviction Mistakes and Landlord Rights
Though serving an Eviction Notice is something every landlord should know how to do, this process isn’t as simple as you might think. While the information in this article should help, you’ll get even better results by seeking help from a professional.
California Property Law Group aims to represent landlords, property owners, and property managers at every step of the eviction process. If you’re planning to evict a tenant, get your free consultation today!
