If you don’t know how to evict a tenant, this complicated process may seem intimidating. Fortunately, our step-by-step guide to California evictions can help.
If you’re a California-based landlord, property owner, or property manager acting on behalf of a landlord and wondering how to evict a tenant, it’s important to know that the Tenant Protection Act makes it impossible to evict most tenants without just cause.
Because of that, you’ll need to go through several steps before you can complete an eviction. Our in-depth guide can help you handle this complicated, lengthy process the right way.
Step #1: Give Notice to the Tenant
According to California Rural Legal Assistance, Inc., the only way to evict tenants legally in California is to file a lawsuit. However, you’ll need to issue a written warning before taking legal action—a process called “giving notice.”
When Can a California Landlord Give a Tenant Eviction Notice?
Before you can give notice, the first step you’ll need to take is to make sure you have a legal reason for doing so. As a landlord in California, you might be able to justify an eviction when tenants are at fault for:
- Not paying their rent on time (or stop paying entirely)
- Damaging your property in a way that reduces its value
- Using your property for illegal purposes
- Breaking their lease/rental agreement and refuse to resolve the issue
- Being a nuisance to other residents and neighbors even after you’ve asked them to stop
Along with these reasons, you can give notice if you want to move into your home or move family members in as the property owner.
You may also be able to evict tenants when they stay after their lease ends or if you cancel your rental agreement by giving proper notice. However, these reasons may not legally justify eviction in some circumstances (for example, if your property is located in an eviction-controlled area).
Step #2: File Eviction Forms in California Court
If your tenant didn’t take the actions you requested in your Notice and its deadline has passed, you can start an unlawful detainer case. To do that, you’ll need to fill out forms asking the judge to order an eviction (and to authorize the collection of past-due rent).
How California Landlords Calculate Eviction Notice Deadlines
While calculating a Notice’s deadline, start by finding the number of days included in its name. A Notice’s official Day 1 is the day after it was hand-delivered to a tenant (or the day after it was mailed to them, if it wasn’t given to them in person).
For Notices dealing with a problem your tenant can fix (such as a Three Day Notice to Pay Rent or Quit), do not include Saturdays, Sundays, or court holidays while counting the remaining days. For Notices that don’t focus on a fixable problem, count every day.
How to Complete California Unlawful Detainer Eviction Forms
When you’re ready to submit forms to begin your case, you’ll need to:
- Fill out your court forms. The forms you’ll have to fill out are called Summons – Unlawful Detainer-Eviction, Plaintiff’s Mandatory Cover Sheet and Supplemental Allegations – Unlawful Detainer, Complaint – Unlawful Detainer, and Civil Case Cover Sheet.
- Check on local form requirements. In addition to the forms listed above, you may have to fill out extra local forms.
- Make copies. You should have the original form for the court, a copy for yourself, and a copy for each defendant.
- Pay a fee. When you file your form, you’ll have to pay a fee ranging from $240 to $450. The more rent you’re owed, the higher this fee will be.
Step #3: Ask for a Trial Date (or Default Judgement)
Once you serve your tenant with the Complaint and Summons forms, they’ll have ten days to file their response with the court. (That deadline doesn’t include Saturdays, Sundays, or court holidays. Additionally, tenants have roughly 20 days to respond to forms that weren’t served in person.)
If your tenant doesn’t file a response to a form served in person by the 11th day, you can ask the judge to award you judgment by default, meaning you’ve won the case and can ask the Sheriff to do an eviction. Since tenants can file a response at any point before you file to request a default judgment, it’s in your best interest to ask for one right away.
What California Landlords Should Do After Filing an Eviction Lawsuit
Once you reach this point in the process, here’s how you can move forward if your tenant:
- Doesn’t file a response by the deadline. In this situation, you’ll want to ask for a default judgment.
- Files an Answer. This indicates that your tenant plans to fight the eviction, so you’ll need to ask for a trial date.
- Files something else. If your tenant thinks your Complaint was improperly completed or served, they may file a Motion to Quash Service or Demurrer. In response to this, you should seek legal help.
- Moves out or reaches an agreement. You’ll either dismiss your eviction case or convert it into a regular civil action. Note that regular civil actions are no longer entitled to priority in trial setting, so expect a process that can take several years to complete.
Step #4. Get Ready for Trial
If your case does go to trial, you need to do everything you can to get prepared. While getting ready for your trial, you should:
What California Landlords Should Know Before an Eviction Trial
Watching another eviction trial can help you prepare for your court date. When the day of your trial arrives, you’ll need to make sure you’re available for roughly four hours beginning at the time your case is scheduled (e.g., 8:30 a.m. – 12:00 p.m., or 1:30 p.m. – 4:30 p.m.).
How California Landlords Should Prepare Testimony and Evidence
Once your case gets started, you’ll likely have the chance to talk first. By writing your testimony in advance, you won’t forget any details you must present to the judge. You’ll also want to share any evidence supporting your reasoning for an eviction request.
How to Question Witnesses in a California Eviction Trial
A witness can provide testimony of something they saw or heard that’s relevant to your case. When you call your witness, start off by asking them a few introductory questions. Then, ask questions that let them demonstrate their first-hand knowledge of the situation and questions that will support your argument.
Step #5: What Happens After the Eviction Trial Judgment
Your next move will depend on what happens during your trial. If the judge decides your tenant needs to leave and owes you money, they’ll sign a Judgement of Possession. You’ll also need to fill out a few more forms at this point.
After your trial, the sheriff will serve the tenant with a Notice to Vacate. If they don’t move within five days, the sheriff will remove your tenant from your home and lock them out. Note that the sheriff will not necessarily come on the 6th day following the 5 day notice to vacate. In some instances, it can take weeks or even months for the sheriff to get to your lockout.
If the judge decides against you, your tenant can stay where they are (but they’ll have to follow the rental agreement). You may also have to cover costs like attorney fees and filing fees for your tenant and make repairs to your home.
Get Legal Representation from California Property Law Group’s Eviction Lawyers
Even if you understand how to evict a tenant, you’ll get the best results when you have professional assistance. California Property Law Group provides excellent legal representation for landlords in all kinds of real estate-related matters and specializes in evictions. Take the first step by getting your free consultation!
