Serving an eviction notice is quite complex in the State of California. It’s important for landlords and tenants to understand the exact procedures required by law, or risk having complications or vain efforts.
There are specific courses of action required to end a tenancy with different strategies for different situations.
Coupled with that, some communities in California are covered by various ordinances and laws to guide eviction processes in the state.
In this article, we provided an overview of the different types of eviction notices and the associated legal processes in California.
Eviction Laws in the State of California
California Code of Civil Procedure (CCP) primarily governs the process of evicting a legal tenant in California.
Landlords can effectively evict their tenants by filing for an eviction order (unlawful detainer lawsuit).
CA Code of Civ Proc §1161 provides for various grounds for eviction. It states that a tenant is guilty of unlawful detainer when he or she remains in possession of the rented property after the expiration of the term, fails to pay rent, or breaches a covenant or condition of the lease agreement, in which proper notice is given therefor.
CA Code of Civ Proc §1162 further provides for the method of delivering notice to a legal tenant. It’s important that the proper notice is served on the tenant, or the landlord would be unable to evict the tenant, as he would have to restart the whole process.
Further, the CA Code of Civ Proc §1167 makes provision for the eviction process under California laws.
These laws are subject to other regulations such as California’s Tenant Protection Act of 2019 which seeks to protect tenants against unlawful tenancy termination, unwarranted rent increases, and lots more. However, some housings are exempted from these provisions (more details to be explained below).
Types of Rental Agreements in California
There are various types of rental agreements in California. These are:
- Standard Lease Agreement
This is a legally binding contract between the landlord and the tenant. It contains various terms and conditions involved in renting the property. The purpose of this document is to protect the rights and obligations of both parties in the contract. This type of agreement usually contains key information such as the party’s name, property description, lease term, security deposits, etc.
- Month-to-Month Lease
This is a monthly rental arrangement where the tenant rents the landlord’s property and pays rent every month. Unlike a fixed-term tenancy, this type of arrangement has no end date. It can be terminated by either party with proper notice. This lease arrangement automatically renews itself every month unless any parties decide to end it.
- Sublease Agreement
In this type of arrangement, the tenant (original tenant) rents all or part of the rented property to another tenant within the original lease agreement. In this case, the original tenant becomes the sublandlord while the other tenant becomes the sublessee. The sublease agreement outlines the rights and responsibilities of the sublandlord and sublessee. However, the consent of the original landlord is paramount before subletting the property.
- Roommate Agreement
This is a written document between two or more parties outlining the terms and conditions for living together in a rental space. It shares the responsibilities of each party, expenses, and living arrangements. Although it is not a legally binding contract, it’s however essential in establishing boundaries and resolving any potential conflict.
- Commercial Leases
This is a type of lease agreement drawn up when wanting to rent a commercial space. Unlike residential leases that are used to rent apartments, family homes, etc., commercial leases are rather used for business or commercial purposes.
- Rent-to-Own Agreement
This type of agreement between a landlord (seller) and tenant (buyer) combines the elements of a rental agreement and purchase plan. This arrangement allows the tenant to rent a property with the option of purchasing it in the future at a predetermined price. The tenant typically pays an upfront fee, giving him the right to purchase the property at a future date.
Grounds for Eviction
Under California laws, landlords can only issue an eviction notice where the following grounds for eviction apply.
- Failure to Pay Rent
In California, the landlord can issue an eviction notice when the tenant fails to pay rent on time. In this case, the landlord will issue a 3-day notice to pay rent or quit – Cal. Code of Civ. Proc. § 1161.
Unless otherwise stated in the lease agreement, rent is due at the beginning of every month and considered late, the day after its due date.
Where the lease agreement contains a grace period, the landlord must note it.
After serving the 3-day eviction notice, the tenant can choose to either pay the rent money owed or vacate the premises.
Where the tenant moves out on or before the third day of the eviction notice, the landlord can apply the security deposits to cover the unpaid rent and may sue the tenant for any amount exceeding the security deposit.
But where the tenant does not move out or pay the rent money before the 3-day deadline elapses, the landlord can proceed to file an eviction suit.
- Violation of Lease Terms
Where a tenant violates a term in the lease agreement, the landlord can issue a 3-day Notice to Cure Violations or Move Out, informing the tenant to either fix the violation or move out of the property.
Examples of a lease violation are; property damage, breeding pets on the property where it is disallowed, exceeding the number of residents allowed, etc.
Therefore, the tenant can choose to correct the violation or vacate the rental unit. Where the tenant vacates, the landlord can apply the security deposit on any damage caused or money owed.
But where the tenant fails to correct the violations before the 3-day deadline elapses, the landlord can file an eviction lawsuit against the tenant.
- Illegal Activity or Repeat Violations
Where the tenant commits repeated lease violations or carries out an act that can not be corrected, the landlord can issue a Three-Day Unconditional Notice to Quit.
Here, there’s no option to fix the damage. The tenant must move out of the rental unit within three days, or the landlord will file an eviction suit once the deadline elapses.
Examples of where a Three-Day Unconditional Notice to Quit is issued in California are where the tenant;
- Engages or promotes prostitution in the rental premises;
- Makes criminal threats or engages in criminal activity;
- Maintains and commits a nuisance or waste;
- Causes irreplaceable damage to the rental property;
- Assign or sublet the rental property to another, where it is a violation;
- Engages in criminal-related drug activity; etc.
This type of eviction notice can also be issued when a tenant ignores the 3-day Notice to Cure Violations or Move Out, and refuses to fix the lease violations or move out.
- End of Lease or No Lease
Landlords can evict a tenant with no lease (tenancy at will) or possess a lease that has been terminated but continues to remain on the rented property (holdover tenancy).
The landlord can issue a 30-day notice to evict a tenant having no lease or for leases less than a year.
For leases that exceed a year, the landlord is to issue a 60-day notice. However, this must be in line with the provisions of Cal. Civ. Proc. Code § 1946 (1)(d) (1-6)
Where the tenant concerned refuses to move out before the notice period elapses, the landlord can file an eviction lawsuit.
Note: The notice period excludes ‘Saturdays and Sundays and other judicial holidays’ from the counting days – CA Civ Pro Code § 1161 (2022).
Types of Eviction Notices in California
Eviction notices in California are formal written documents issued to a tenant by the landlord, to move out of the rented property within a stipulated period.
Under California laws, landlords can commence an eviction process for an “at-fault reason” or “no-fault reason”. The former means the fault of the tenant, while the latter means the independent reason of the landlord, e.g., when the landlord wants to remove the rental unit from the market.
Nonetheless, there are various eviction notices applicable to different situations.
It’s also important for both landlords and tenants to be acquainted with these different formats. It would help each party to better understand their rights, responsibilities, and the proper legal procedures.
Eviction Notices with Cause
In certain cases, landlords can effectively evict tenants from the rented property. These cases have distinct timelines attached to them. These are;
- 3-Day Notice to Pay Rent or Quit
Where a tenant fails to pay rent, the landlord can serve the tenant a 3-day eviction notice under California law.
In this case, the tenant can either pay the rent owed or vacate the rented property within three days.
- 3-Day Notice to Perform Covenants or Quit
Where a tenant violates a minor lease term, e.g., having pets on the premises where it is not allowed, causing noise, etc., the landlord can serve the tenant a 3 day eviction notice under California law.
Having served the notice, the tenant can either fix the issue or move out of the rental unit.
- 3-Day Notice to Quit
In California, where a tenant performs any act considered illegal under the law or Code, the landlord can issue a 3-day eviction notice with no option for remedy.
In other words, once the tenant is served with such notice, he must vacate the rental property within three days.
- 30-Day or 60-Day Notice to Quit
The landlord can terminate tenancies of no lease or month-to-month leases with a 30 day eviction notice under California laws. However, this would only apply where the tenant has lived in the rental property for less than a year.
On the other hand, a landlord can issue a 60-day eviction notice under California laws to terminate a month-to-month tenancy. This only applies where the tenant has resided in the rental property for more than a year.
Regardless of whether it’s a monthly lease or not, the amount of notice doesn’t change since the notice requirement is based on the length of inhabitation.
- 90-Day Notice to Quit
This type of notice can only be issued by the landlord where the rental property is a Section 8 subsidized housing unit.
Where the landlord wishes to terminate the rental tenancy, he must do so by issuing a 90-day eviction notice.
However, the landlord must have a ‘just cause’ to evict the tenant.
Eviction Notices without Cause
Issuing an eviction notice in California without a ‘just cause’ depends on whether it’s a month-to-month or fixed-term tenancy.
- Month-to-month Tenancy
A monthly rental agreement where the tenant has resided in the property for less than one year and more than one year can be terminated with a 30 day or 60 day eviction notice accordingly.
In this case, the landlord is not obligated to give reasons for the termination. However, it can not be terminated for discriminatory or wrongful reasons.
In other words, landlords can evict a monthly tenant without a just cause. As such, a notice is sufficient to terminate the tenancy relationship.
Pursuant to the Tenant Protection Act of 2019, landlords can issue a 30 day or 60 day notice to end a rental agreement without just cause also in the following situations;
- Where the rental property contains two separate dwelling units within a single structure, and the owner is occupying one of the units.
- Where it’s a new multi-family residence built within the last 15 years.
- Where it’s a standalone property separate from its title. This does not include corporately held properties.
- Where the rented property is a dormitory owned and operated by schools.
- Where the owner and tenant share bathroom and kitchen facilities.
- Where the owner occupies part of the unit, and the tenant occupies an accessory dwelling unit.
- Fixed Term
For tenancies longer than month-to-month, the landlord can not end the tenancy without a just cause.
The landlord can terminate the tenancy when the lease has expired, but in such case, he is not obligated to give an eviction notice unless specified in the lease agreement.
Therefore, where the tenant has not requested a lease renewal, the landlord needs not to notify the tenant to move out of the property, except where it’s expressly required in the lease agreement.
However, the Tenant Protection Act of 2019 has established an exception to this rule. This applies when all of the tenants have continuously lived in the rental property for 12 months or one of the tenants has continuously occupied the rental property for 24 months.
So where a fixed term is about to expire and the landlord does give notice to the tenant, he can not refuse to renew the lease without a just cause. – Ca Code, Civil Code – CIV § 1946.2.
The cause can either be ‘at fault’ reasons. These are reasons that are due to the action or inaction of the tenants. Examples are nonpayment of rent, breach of lease agreement, committing waste or nuisance, engaging in criminal activity, unauthorized subletting, etc.
In this case, the proper notice, depending on the act committed, would be served on the tenant following the California eviction process.
It could also be for ‘no-fault’ reasons. These include;
- Where the landlord or his relative intends to occupy the rental unit
- Where the lease is for tenancy in a mobile home. To be applicable, the tenant must either agree to such termination or be included in the lease agreement.
- Where the landlord intends to withdraw the property from the rental market
- Where the landlord is complying with a notice to vacate from a government agency, court, or local ordinances, as the case may be.
- Where the landlord intends to demolish or remodel the property.
Where it is for a ‘no-fault reason’, the landlord must compensate the tenant with a one-month rent for relocation expenses (‘relocation assistance’). The landlord can do this in two ways; by waiving last month’s rent or making payment to the tenant.
Eviction Process in California
Issuance of Eviction Notice
The first step to commence an eviction process in California is to serve a proper eviction notice to the tenant. The written notice must state clearly the reason for the eviction.
The landlord can deliver the notice to the tenant through any of the following means;
- By handing it over in person;
- By handing it to a competent person of suitable age residing in the tenant’s unit, AND mailing it to a certified and registered mail with a return receipt.
- By positioning it in a conspicuous place in the tenant’s premises AND mailing it to a certified and registered mail with a return receipt.
Landlords need to keep a copy of the original signed notice and declaration of service as proof of service. This would be helpful to prove in court that the landlord has followed CA eviction laws.
Filing an Unlawful Detainer Lawsuit
If the tenant fails to move out or fix the problem before the timeline stipulated in the notice elapses, the landlord can then file an unlawful detainer lawsuit.
The lawsuit must be filed in the superior court of the county where the rental property is situated.
The landlord is required to fill out the following forms;
- Summons – Unlawful Detainer-Eviction (form SUM-130)
The term ‘unlawful detainer’ refers to a legal action initiated by a landlord to evict a tenant unlawfully possessing a rental property. It is a part of the court proceedings to repossess a rental property when the tenant is unlawfully occupying it. It typically contains information such as plaintiff and defendant’s information, summons, proof of service, etc.
- Complaint – Unlawful Detainer (form UD-100)
This is a legal document used by a landlord to initiate legal proceedings against a tenant who is unlawfully detaining the rental property. It typically contains information on the case information, the reason for eviction, summons, rent owed, type of notice, request for possession, etc.
- Plaintiff’s Mandatory Cover Sheet and Supplemental Allegations – Unlawful Detainer (form UD-101)
This is an essential legal document that provides detailed information about the case to the court. It is usually filed by the plaintiff (the landlord) initiating an unlawful detainer lawsuit. This document provides the necessary information to streamline court procedures and ensure the court has detailed information to effectively process the case.
- Civil Case Cover Sheet (form CM-010)
This also provides the necessary information about the case at the time of filing. This is a crucial document for court administration as it helps the court in assigning the case to the appropriate judicial officer and for tracking case statistics purposes.
Some courts require some additional forms to be filed. As such, landlords should check with the court clerk for confirmation.
The cost of filing an unlawful detainer lawsuit in California ranges from $240 to $435, depending on the court and the amount of the claim.
Serving the Tenant
After filling the necessary forms, the summons and complaint documents must be served on the tenant by anyone who is 18 years of age and unrelated to the case, e.g., sheriff, marshal, or registered process server.
The documents must be served on the tenant within 60 days of filing, or the case will be dismissed.
Once the document is served on the tenant, the person who delivered it must fill out the Proof of Service of Summons form with the court’s clerk.
The copy of the summon and complaint is regarded as served if done through any of the following means;
- Personal Service: By delivering it to the tenant in person.
- Substituted Service: By giving a competent member of the tenant’s household AND mailing it by first-class mail to the same place, the copy of the summon and complaint was delivered.
- Posting: Posting a copy of the summon and complaint in a conspicuous place in the rental property.
The tenant is allowed to respond to the summon and complaint delivered to him.
Where the copy of the summons and complaint is delivered in person, then the tenant has only 5 days to respond. But where it is delivered via substituted service or posting, the tenant has 10 days to respond.
Note: The counting days exclude Saturdays, Sundays, and judicial holidays.
Court Hearing and Judgment
If the tenant responds to the summon and complaint, the landlord must file a request to the court to set a hearing date.
At the trial, both parties must prove their claims, and where applicable, they must support their arguments with documentary evidence, witnesses, recordings, etc.
The plaintiff (landlord) must prove the ground of the eviction notice under California laws. He may employ the use of a copy of the deed or lease agreement, a copy of the eviction notice, a return receipt for the mailer, bank statements, etc.
On the other hand, the tenant must rebut the arguments of the landlord. He may employ evidence like pictures of chats/communication with the landlords, recordings, receipts, etc.
The court is to evaluate the credibility of the argument and evidence of both parties and give a judgment.
It’s important to note that where the tenant refuses to respond to the summon and complaint, the landlord may request a default judgment and an immediate order of possession without the need for a court hearing.
Where the judge finds favor in the argument of the landlord, a judgment of possession would be issued and signed. This judgment would mean that the tenant is to evict the rental building and where applicable, pay all rent or fees owed to the landlord, plus the cost of filing the lawsuit, and sometimes attorney fees.
In the other case, the tenant may win the case. As such, he may be allowed to stay in the rental property until his lease term elapses.
Tenant Defenses
- Self-Help Eviction: Landlords can not resort to self-help remedies in an attempt to evict a tenant. Examples of these self-help remedies are turning off utilities in the rental, changing locks, possessing tenant properties, etc. This can be used by the tenant to disprove the eviction notice in California courts.
- Breach of the Warranty of Habitability: The warranty of habitability is an implied warranty in a residential lease. This means the landlord is under the duty to keep the rental property in a safe and habitable state. The tenant can use this as a defense if the landlord fails to fulfill such duty.
- Waiver of Notice to Quit: This refers to a legal document where a tenant waives his or her right to receive an eviction notice from the landowner. Tenants can also rebut this waiver on the grounds of invalidity where it is signed under misrepresentation, duress, or it is against public policy.
- Retaliation: If the landlord had issued an eviction notice in CA, in response to the tenant’s exercise of their legal rights, the tenant can make a credible defense based on this. For example, where a tenant has reported a code violation, participated in a tenant’s union, requested necessary repairs, etc., landlords can not retaliate by evicting such tenant.
- Landlord’s Breach of the Rental Agreement: Where the landlord has breached a term in the rental agreement, the tenant can use the breach as a defense against the eviction notice in California court.
- Discrimination: It is illegal to evict a tenant based on their sex, race, religion, marital status, family status, nationality, and disability. Where the tenant believes he was discriminated against and evicted based on such grounds, he could use it as a defense.
- Violation of Eviction or Rent Control Ordinance: If a tenant believes that there’s a violation of the eviction or rent control ordinance, it may be used as a defense against the eviction notice.
- Repair and Deduct Remedy: This remedy enables a tenant to make necessary repairs themselves and deduct the amount expended from the rent money, where the landlord fails to maintain habitable living conditions in the rental unit. While this is not a standard defense to eviction notices in California, the tenant can regardless use it to showcase their effort in fixing the problem and argue against evictions based on non-payment of rent or lease violation.
- Overpayment of Rent: Tenants can use this as a defense where he or she has overpaid rent and the tenant still claims the reason for the eviction is ‘nonpayment of rent’. This typically transpires due to a misunderstanding or overzealousness on the part of the landlord.
- Change in “High-Income Tenant” Status: In California, a high-income tenant includes a tenant with an ‘annual household income of 130 percent of the median income’. Some rent control ordinances allow landlords to request higher rent for high-income earners or exempt them from certain rent control restrictions. As such, certain tenants in California may be subject to reduced rent based on their income, and a change in their income status may affect their eligibility for eviction.
- Protection Under the Tenant Protection Act (TPA): The Tenant Protection Act (TPA) in California, also known as AB 1482, provides limitations on rent increase (maximum of 10% increase) and just cause eviction requirements. Where the eviction process does not follow the provision of this Act, the tenant can use it as a defense.
Issuing a Writ of Execution
If the landlord wins the case, the court will issue a Writ of Execution which empowers the landlord to physically evict the tenant with the help of the Sheriff.
The writ of execution serves as a final notice to the tenant to vacate the rented property before being forcibly removed by the Sheriff. It fosters the eviction process of the tenant in California.
The cost of filing a writ of execution in California is $40.
Executing the Eviction
Once served with a copy of the writ of execution, the tenant is obligated under California laws to evict the rental premises.
Where the tenant fails to move out within that timeframe, the Sheriff can use reasonable force to evict such tenant and his personal property.
However, this eviction notice process can be paused for an additional 40 days. In essence, the tenant can request the court for up to a 40-day grace period to move out.
Eviction Notice by States
Choose the state where your rental property is located:
FAQs
The eviction process in California can take from 30 – 45 days, or longer.
Under the CA eviction process, a 30-day notice of eviction is used to evict a tenant with no lease or a monthly tenant who has resided in the rental property for less than a year.
The eviction process in Califonia is complex and time-consuming. CA eviction laws contain numerous tenant-friendly laws that prioritize tenants’ eviction rights in California which safeguard their interests. As such, strict compliance with the legal procedures is paramount.
Under CA laws, rent is considered due a day after it is due. Except where the lease agreement contains a grace period, every tenant must ensure to pay their rent duly and accordingly.
Issuing an eviction notice in California comes at a small price. These costs could be in the court’s filing fees, legal fees, sheriff’s fees, etc.
Rich is an Entrepreneur, Real Estate Investor, and Lawyer licensed in Texas. He enjoys family, community, and work. He started Landlord Guidance in 2012 to help fellow landlords, and teach them that being fair and ethical with their tenants is the true path to long-term success.
You must be logged in to post a comment.