Understanding the California Eviction Process

Managing rental properties comes with challenges, and evictions are one of the toughest. Whether you’re a seasoned property manager or a rental owner handling things solo, navigating California’s eviction laws is crucial to protecting your investment and avoiding costly legal missteps. 

Learn the steps, clear the confusion, and handle evictions the right way—legally and efficiently.

Step 1: When Can You Evict a Resident?

Evictions happen for a few key reasons:

• The resident isn’t paying rent on time.

• They’ve violated the lease agreement (e.g., unauthorized pets, exceeding occupancy limits).

• They refuse to leave after the lease expires.

• They’re causing property damage or engaging in illegal activity.

For those managing properties in rent-controlled areas, additional rules may apply—so always check local ordinances before taking action.

Additionally, California law distinguishes between at-fault evictions, which occur when a resident violates the lease agreement, and no-fault evictions, which happen when landlords need the property for personal reasons, substantial repairs, or to remove the unit from the rental market. Some cities, like Los Angeles and San Francisco, have stricter regulations requiring extended notice periods or relocation assistance for no-fault evictions.

Step 2: Issuing the Correct Eviction Notice

Before filing an eviction case, you must give residents proper legal notice. The type of notice depends on the reason for eviction:

1. Three-Day Notice to Pay or Quit – Used when rent is overdue. The resident has three days to pay or vacate.

2. Three-Day Notice to Cure or Quit – Issued when a lease violation occurs (e.g., unauthorized pets, subletting). The resident has three days to correct the issue or leave.

3. Three-Day Unconditional Notice to Quit – Reserved for severe violations like property destruction or criminal activity. The resident must vacate within three days, with no opportunity to fix the issue.

4. 30- or 60-Day Notice to Vacate – For month-to-month tenants, landlords must give at least 30 days’ notice (if the resident has been there under a year) or 60 days (if over a year).

If the resident does not comply, it’s time for legal action.

Step 3: Filing an Eviction Lawsuit

When a resident refuses to move out, the next step is filing an unlawful detainer lawsuit. Here’s how it works:

• File a complaint with the court (filing fees range from $385 to $435, plus $40 for a writ of execution).

• The lawsuit must be served within 60 days of filing, or the case may be dismissed.

• Residents must be served in person, via a household member, or through court-approved posting and mailing.

• Residents have 10 business days (extended from 5 business days under AB 2347 in 2025) to respond.

Step 4: Court Hearings and Potential Challenges

If the resident disputes the eviction, a court hearing is scheduled within 20 days. Here’s what to expect:

• If the resident does not respond, the landlord can request a default judgment and automatically win the case.

• If the resident does respond, they might fight the eviction, claiming the property was uninhabitable, the eviction notice was improperly served, or the landlord acted unfairly.

• The judge will evaluate the evidence and make a final ruling.

Step 5: Enforcing the Eviction

If the judge rules in your favor, a Writ of Execution is issued, giving the resident five days to vacate. If they refuse, the county sheriff will physically remove them from the property.

Some residents file a stay of execution, which can delay the eviction for up to 40 days, but once that period expires, enforcement is mandatory.

Recent Legal Updates Affecting Evictions

California’s eviction laws are constantly evolving. Here are a few key updates to keep in mind:

• AB 2347 (2025) – Extends the tenant’s response time from 5 business days to 10 business days, slowing down the eviction process.

• SB 567 (2024) – Strengthens protections for no-fault evictions, requiring landlords to provide additional documentation and relocation assistance.

• COVID-19 Protections – Some cities still have localized eviction moratoriums in place for pandemic-related hardships.

Landlords should always stay updated on both state and local eviction laws to avoid legal trouble.

Protecting Your Property and Case

A strong case relies on proper documentation. Property managers and owners should maintain detailed records, including:

• Lease agreements – Proof of rental terms and obligations.

• Payment history – Showing all transactions and any unpaid rent.

• Notices and communications – Written records of warnings and eviction notices.

• Photos/videos – Evidence of property damage or lease violations.

Digitally storing documents in platforms like Google Drive, Dropbox, or property management software makes retrieval easy in case of disputes.

What Property Managers and Owners CANNOT Do

California law prohibits self-help evictions, meaning landlords cannot take matters into their own hands. Avoid these illegal actions:

• Changing locks to force a resident out.

• Shutting off utilities like water, electricity, or gas.

• Removing a resident’s belongings without a legal order.

• Harassing or threatening the resident to make them leave.

Violating these rules could lead to lawsuits, financial penalties, and legal setbacks.

Why a Strong Eviction Process Matters for Property Owners and Managers

As a property manager or rental owner, dealing with problem residents is part of the business. Handling evictions efficiently and legally protects your investment and reduces stress. By following the right procedures, keeping thorough records, and avoiding illegal actions, you can minimize financial loss and maintain control over your property.

If you manage multiple properties, consider using property management software to streamline documentation, track rental payments, and automate lease enforcement. This ensures you’re always ready if an eviction becomes necessary.

Final Thoughts

Evictions are never easy, but having a clear, legally sound strategy makes the process smoother for property owners and managers. Stick to the legal framework, document everything, and stay informed about California’s rental laws to avoid unnecessary delays or disputes.

For expert tips and property management insights, explore our other guides and resources!

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