The eviction process for landlords | California Courts (2024)

FAQs

The eviction process for landlords | California Courts? ›

Set to take effect on April 1, 2024, the law will require landlords to have just cause to terminate tenancy after a tenant has been placed in the unit for 12 months. Read along to see what tenants and landlords should know about this new legislation.

Set to take effect on April 1, 2024, the law will require landlords to have just cause to terminate tenancy after a tenant has been placed in the unit for 12 months. Read along to see what tenants and landlords should know about this new legislation.

3-day Notice to Quit (Move out because of serious lease violation) A landlord gives their tenant a 3-day Notice to Quit (move out) if they think the tenant is responsible for serious problems at the rental home like: Causing or allowing a nuisance on the property (like a dangerous dog)

After the landlord gives you the Notice it can take 30-45 days, or longer, for the eviction case to end. If you lose the case, the judge can order you to move out of your home. Select any part to learn more, get step-by-step instructions, and download the forms you'll need.

A landlord can use a 30 day-notice to end a month-to-month tenancy if the tenant has been renting for less than a year. A landlord should use a 60-day notice if the tenant has been renting for more than one year and the landlord wants the tenant to move out. (CCP Section 1946.1.)

Effective April 1, 2024, the eviction notice must include a description of the work to be done, copies of required permits, and a notice that if the substantial remodel is not commenced or completed, the tenant must be given the opportunity to re-rent the unit at the same rent and lease terms as when the tenant left.

If your tenant won't fix the problem or move out, you'll have to go through the court to get an order for them to move out. The eviction process can take 30 - 45 days, or longer.

Per California Civil Code 1161.1(c), landlords can accept partial rent and still evict the tenant. Commercial landlords should consult a lawyer before accepting any rent from a tenant.

If you have lived in the rental unit for less than one year, then you will receive a 30-day notice to quit, which gives you 30 days to move out of the rental unit.

Tenants can stop an eviction in California by using several defenses: improper or defective eviction notice, landlord retaliation, discrimination, unlawful harassment by landlord, landlord breach of lease, violation of rent control eviction rules, COVID-19 protections, and improper service of eviction lawsuit papers.

How to win an eviction case in California? ›

In California, the eviction process is commonly referred to as an “unlawful detainer” action, and an eviction may occur within days after the first notice to evacuate. This is uncommon, however, since most tenants struggle to save their homes, prolonging the process by weeks, if not months.

Eviction is a legal process a landlord uses to make you move out. To evict you, your landlord must give you a 3, 30, 60 or 90-day notice. If you get one of these, it's important that you take action, like pay the rent you owe, move out, or get legal help.

Under California law, the only lawful way to evict a tenant is to file a case in court. As a tenant, you have a right to remain in your home until a court orders you to move out.

Federal and California laws prohibit housing discrimination based on race, color, national origin, sex, religion, familial status, disability, and other attributes. Landlords cannot treat you differently from the initial showing stage to lease signing, moving in, occupancy, and move out processes.

If the judge decides you have to move

The court will give the landlord a Judgment of Possession (form UD-110). This gives the landlord control (possession) of the property. Then, the landlord will fill it out and have the court clerk issue a Writ of Execution (form EJ-130). They take the Writ to the sheriff's office.

Eviction Regulations California 2024

Key protections include: Notice requirements – Landlords must provide 3-60 days written notice depending on the reason for eviction. Verbal notices are invalid. “Just cause” – Landlords need proper and provable cause like failure to pay rent or lease violations.

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The notice gives you five days to leave. If you can't leave within the five days, you can go back to court and request a “Stay of Execution.” You will need to pay one week's rent to the court and this will delay the eviction for another week. It may be possible to get more than one Stay of Execution.