In California, a landlord may legally evict a tenant only if they have cause. The legal grounds for eviction in California are as follows:
- Not Paying Rent on Time: The landlord must first give the tenant a 3-day notice to quit, i.e., vacate the premises. If the tenant pays the rent within the 3-day period, then they may not be evicted;
- Staying After the Lease Ends: No period in which the tenant may cure the violation is possible because the tenant’s lease has ended;
- Violating the Terms of a Lease: Examples of the types of violations that could lead to eviction are failing to maintain the premises in a sanitary manner, subletting without the landlord’s permission, or causing property damage to the premises. The landlord must give the tenant 3 day’s notice and the opportunity to correct the violation;
- Committing an Illegal Activity on the Rental Premises: Examples of actions that may constitute illegal activity would be engaging in prostitution, using a firearm on the premises, or activities involving controlled substances. The landlord does not have to give the tenant the opportunity to correct the situation. If the tenant does not move out within 3 days, the landlord may file an unlawful detainer action.
Depending on the grounds for eviction, the landlord needs to give the tenant the appropriate notice, as shown above. A local attorney in California should be able to explain this in more detail.
A landlord must also give the tenant time to cure their violation in the case of non-payment of rent and other violations of the lease terms. In the case of staying on beyond the end of the lease, the landlord does not need to give the tenant time to cure the violation. The lease has ended, and the tenant must leave. This is also true in the case of engaging in illegal activity on the rental premises.
Under the California Ellis Act, a landlord may also evict their tenants if the landlord intends to exit the rental business. To evict tenants in compliance with the Ellis Act, a landlord must first give the tenants advanced notice and must evict all of their tenants. Failure to comply with either of these requirements would lead to negative legal consequences for the landlord.
The Ellis Act imposes restrictions on when and how a landlord may return to the residential rental business after having exited under its provisions. California eviction lawyers would be able to explain the details.
What Is the Process for Eviction?
In California, a landlord begins the eviction process by serving the tenant with written notice in one of the following ways:
- Handing the notice to the tenant in person;
- Handing the notice to a person of suitable age at the property AND mailing the notice by certified or registered mail, return receipt requested;
- Posting the notice in a conspicuous place at the rental premises, such as on the front door, and then mailing the notice by certified or registered mail, return receipt requested.
The kind of notice that must be served on the tenant depends on the grounds for the eviction as follows:
- A 3-Day Notice to Quit: If a tenant is late in paying rent, the landlord serves them with a 3-Day Notice to Quit. The tenant then has 3 days to pay the rent that they owe or vacate the premises;
- 30-Day Notice to Vacate: For a tenant who does not have a lease or the tenant who has a month-to-month lease and who has resided in a rental unit for less than 1 year, the landlord may serve them a 30-Day Notice to Vacate to terminate the tenancy. This gives the tenant 30 days to move out. For tenants who do not pay rent monthly, the length of the notice period is the same;
- 60-Day Notice to Vacate: For a tenant with a month-to-month lease who has resided in a rental unit for 1 year or more, the landlord may serve them with a 60-Day Notice to Vacate. Again, this terminates the tenancy and gives the tenant 60 days to move out. The length of the notice period is the same for tenants who do not pay their rent monthly but otherwise have lived in a unit for 1 year or more;
- 3-Day Notice to Perform Covenants or Vacate: If a tenant commits a minor violation of the terms of their lease, the landlord may serve them with a 3-Day Notice to Perform Covenants or Vacate. This notice gives the tenant 3 days to fix the issue or exit the premises;
- 3-Day Notice to Vacate: In California, if a tenant engages in illegal activity on the premises, the landlord may serve them with a 3-Day Notice to Vacate. This gives the tenant 3 days to move out. There is no allowance for time to fix the issue.
Lawyers who deal with evictions would be able to explain the requirements for pre-filing notice in detail.
If the notice period ends and the tenant has not left the property, the landlord may begin the legal process of eviction by filing a complaint and summons with the appropriate court. The action must be filed in the county in which the property is located.
Also, certain documents should be attached to the complaint when it is filed as follows:
- A copy of the lease or rental agreement, if there is one, and any written changes to which the tenant agreed;
- A copy of the eviction notice;
- A copy of written proof that notice was given, i.e., return receipt for a mailed notice or something comparable.
Some courts in California have additional local forms to complete, so a person should check with the court clerk’s office for any additional requirements.
Any person who is 18 years old or older and not a party to the case may serve the summons and complaint on the tenant, e.g., the county sheriff. The landlord must arrange for service on the tenant within 60 days of filing the complaint. If this does not happen, the court may dismiss the case.
In California, the law does not require that tenants file a formal, written answer to a complaint for eviction. If the tenant does file an answer, they must file it within 5 days of service of the complaint and 10 days if the complaint was delivered by mail.
If the tenant fails to respond, a landlord may ask for a default judgment and request for immediate order of possession without any court hearing.
If the tenant does respond, the landlord must file a request for a hearing, asking the court to set a date for the hearing. The tenant should be prepared to write down the reasons why he or she should not be required to move out to challenge the eviction. The answers should be delivered both to the clerk of the court where the complaint was filed and to the landlord.
How Can I Stop an Eviction?
The best way for a tenant to stop an eviction is to correct the violation that has led to the eviction if that is possible. If the tenant is late with the rent, they need to pay the rent within the 3-day notice period.
If the tenant has damaged the property, they repair the damage within the 3-day notice period and inform the landlord of the correction. If they sublet the residence without permission, it might be best to negotiate with the landlord for a return of the primary tenant to the premises if they want to retain their tenancy. If not, they would lose it.
If the eviction qualifies as a “self-help” or retaliatory eviction, as described below, the tenant might be able to contest the eviction successfully.
Can a Landlord Throw Away My Belongings?
A landlord may not throw away a tenant’s belongings. However, the sheriff may remove the tenant’s belongings from the rental premises. If the landlord wins a judgment of eviction in court, the landlord may ask the court for and obtain a writ of execution.
The writ of execution is the final notice to the tenant of the fact that they must vacate the premises. After a tenant has been served with the writ of execution, they have 5 days to leave the premises and remove their belongings. If they do not, the sheriff may forcibly remove the tenant and their belongings from the property.
If the tenant does not retrieve their belongings before the sheriff removes them, the sheriff literally puts the tenant’s belongings on the street. They may be lost to the tenant in the process.
So, by the time a tenant has received a writ of execution, they want to physically vacate the rental premises and remove their belongings as well before the sheriff arrives to accomplish this.
Are There Any Defenses to Eviction?
In California, some kinds of evictions are illegal. If a tenant were able to prove in court that their landlord engaged in an illegal eviction, the landlord could be ordered to compensate the tenant for their actual damages. The landlord might also be ordered to pay punitive damages in an amount not less than $100 and not more than $2,000 for each retaliatory act if they engaged in retaliatory acts. Lastly, they would have to pay the tenant’s reasonable attorneys’ fees.
Two types of wrongful eviction are as follows:
- “Self-Help” Evictions: These are evictions in which the landlord does not bother to go to court and follow the legal procedure for evicting a tenant. Rather, they engage in “self-help.” For example, the landlord may try to forcibly remove a tenant by:
- Changing the locks to the rental unit;
- Shutting off the unit’s utilities;
- Removing the tenant’s belongings.
- A tenant should only be removed legally with a court order obtained through the formal eviction process. If they engage in self-help, the tenant may contest their eviction and win damages as specified above;
- Retaliatory Eviction: It is illegal for a landlord to evict a tenant because the tenant exercised a legally protected right such as:
- Complaining to the landlord about a problem on the property;
- Contacting a government agency about an issue on the property;
- Joining or organizing a tenant union;
- Pursuing a legal action against the landlord or withholding rent because a rental unit is uninhabitable.
If a landlord evicts a tenant in retaliation for any of these actions, the eviction is illegal. The tenant may contest it and possibly obtain the damages noted above.
What Type of Lawyer Handles Evictions?
A landlord-tenant lawyer handles eviction cases. Most landlord-tenant lawyers tend to represent either landlords or tenants.
Can I Find a Lawyer to Fight My Eviction for Free?
A person who has been charged with a crime has a right to an attorney. The state must pay for one if the person cannot pay for one themselves. However, this is not the case in civil actions, and eviction is a civil action. Consequently, most tenants go to court to fight an eviction without a lawyer. Of course, landlords are almost always represented by an attorney.
There may be non-profit organizations that would provide a tenant with representation for free. For example, reportedly, in Los Angeles, the StayHousedLA.org program is funded by the governments of the city and county of Los Angeles. It connects local legal aid societies and tenant groups to fight evictions.
The State Bar of California, the entity that licenses attorneys in California, also funds legal aid organizations in the state. They offer legal services to California residents with low and moderate incomes. The services of legal aid societies can be researched at http://www.LawHelpCA.org.
Do I Need a California Lawyer for Eviction Cases?
If you are being evicted, you want to consult a California landlord-tenant lawyer. You should not wait to consult a lawyer, as timelines in eviction actions are short. LegalMatch.com can connect you to a lawyer quickly. Your lawyer will be able to review the facts of your case, advise you of any defenses you may have, and protect your rights.
If you are a landlord who needs to evict a tenant, you, too, want to consult a landlord-tenant lawyer through LegalMatch.com. Your lawyer will be familiar with the complexities of landlord-tenant law and can guide you through the process of eviction.
