For most landlords, having to evict a tenant is a dreaded task and often one that’s used only as a last resort. Eviction is a legal process that requires landlords to follow very specific procedures before they can remove the tenant from the property.
Landlords in California should understand various points related to evictions so they can ensure they aren’t making any missteps. This enables them to ensure they’re compliant with the laws and doing what’s necessary to protect their property.
How is eviction handled in California?
An eviction case in California is actually known as an unlawful detainer action, which begins with the landlord providing the tenant with a proper written notice. The exact notice and timeframe for this depend on the reason for the eviction. For example, nonpayment of rent requires a three-day notice to pay or quit. Other violations may require a notice to cure or quit. If the tenant’s lease is month-to-month, terminating the lease might require 30 to 60 days, depending on the length they lived there.
The court process starts if the tenant doesn’t comply with the notice. In that case, the landlord will file a lawsuit for unlawful detainer. This is done in the California Superior Court. The tenant will receive court papers and have a limited time to respond. If they don’t do that, the landlord can seek a default judgment to evict the tenant. If the tenant responds, the case typically moves forward with a hearing or trial.
Evictions in California are highly structured, so it’s critical that landlords understand their responsibilities and the tenant’s rights. Because these matters can become complex, it’s best for them to work with someone who can assist throughout the process.