What Is the Eviction Process in California?

Are you a landlord dealing with an unruly tenant who has violated the terms of their lease? Or have you just received an eviction notice yourself? Even if you’re in neither of these positions, it’s important to educate yourself on the legal process behind eviction that can take months due to a pile up of COVID-19 court cases. This depends on how fast the tenant is served eviction court forms. Usually, eviction happens when a problem has been addressed, but the tenant is refusing to change or move out.

Read on to learn about the eviction process in California, step by step.

Step 1. Notice Is Given

In order to evict a tenant, there must be just cause and the landlord must give them a written notice before proceeding with an eviction court case. Different notices are required for different situations. Below are some reasons why landlords may start the eviction process:

• Nonpayment of Rent — If rent isn’t paid the day after it’s due, then it’s considered late. However, the landlord is obligated to give the tenant a 3-Day Notice to Pay. If the tenant has still not paid the full rent amount within the three-day period, the landlord is legally allowed to continue with the eviction process.
• Violation of Lease/Rental Agreement — If the tenant is in violation of the agreement, the landlord must give them a 3-Day Notice to Comply, i.e. three days to fix the issue if they don’t want to be evicted. Violations may include pets on premises when pets aren’t allowed, too many people living on the property, or deliberately damaging the space.
• Foreclosure — If the property is being foreclosed, the landlord is required to give the tenant 90 days’ written notice so they have time to move out. If they remain on the property after this notice period, the landlord may file an eviction court case.
• Illegal Activity — This can include illegal firearms, drugs, or business activity like prostitution. The tenant has to be given a 3 days’ notice to leave the property before the landlord can proceed with the legal eviction process.

Step 2. Start a Court Case!

If proper action hasn’t been taken by the end of the notice period, the landlord must file a complaint in the appropriate court and should seek the expert advice and services of an eviction service. They’ll need to gather paperwork and evidence when filing the complaint such as the lease/rental agreement, a copy of the Notice, proof that the tenant received the Notice, and anything else they think would help their case.

The tenant must be served a summons and eviction complaint within 60 days of filing the complaint in court, otherwise the complaint can be thrown out. Anyone 18 years or older may serve the tenant so long as they are not a part of the case and this can be done in person, first-class mail, posting it to the property or leaving it with their boss at work. Though the latter two methods require a copy also be sent to the tenant. Again, seek the professional advice of an eviction service or your case can be tossed out of court for a minor infraction and you’ll have to start all over.

Step 3. Await Tenant Response to Determine Default Judgment or Hearing

There are a lot of new rules and laws due to COVID 19, so research the latest rules regarding evictions in California. Typically, landlords must wait a legally required answer period of five days, if the tenant received the summons and complaint in person. However, if it was served any other way, the tenant has fifteen days to respond. Once this period has passed, the landlord may ask for a default judgment in which the judge orders the tenant to move out and get an immediate order of possession from the clerk of court’s office.

However, if the tenant does respond, you may ask for a trial date.

Step 4. Trial Time

The hearing would historically happen within 20 days of your request for trial, so your eviction service can give you a better idea as to the timeline. It’s advisable to watch an eviction trial to have a better idea of what to expect. The judge will hear both sides so landlords should be prepared with evidence for why the tenant should be evicted—photos, emails, papers, etc. Always stick to the facts that you have documented and don’t shy away from generalities.

If the landlord wins the eviction case, a writ of execution will be issued.

Step 5. Writ of Execution

The writ of execution is the tenant’s final eviction notice to vacate the property. It may be issued when the hearing concludes, but may also take a few days. Upon being served the writ of execution, the tenant has five days to move out and take their belongings before the sheriff forcibly removes them which typically takes several weeks to schedule. Tenants may request a stay of execution, and if the court approves it, they will have an additional 40 days to move out.

If the tenant owes you money, new rules deem it to be consumer debt and you have to go through collections in hopes of getting paid.

*Genuine Property Management are not attorneys, eviction service or provide legal counsel. We deem this information to be correct, but it is not guaranteed. Seek professional advice.