The eviction was in retaliation for exercising any of their rights.They cured the violation (for curable violations such as nonpayment of rent).They may provide the following defenses with an aim to either change or stop their eviction. Posting a copy at the front door or any other noticeable area on the property.Īfter the service, the tenant will have an opportunity to respond to the eviction allegations.Leaving a copy with the person in charge at the tenant’s workplace and then mailing another copy to the tenant via first-class mail.The process server will then serve the summons and complaint in either of the following ways. A process server can be a sheriff, a marshal, or a registered process server. The complaint (Unlawful Detainer) and the summons will need to be served on the tenant by a qualified process server. This will cost you around $240 and $435.Īfter successful notarization by the court’s clerk, the court will issue you with a summons. If the notice expires and the tenant fails to move out, you can go to court and file an Unlawful Detainer lawsuit with the Superior Court. Posting the notice in a prominent area on the property like on the front door, and then mailing a copy to the tenant through registered mail.Leaving a notice with an adult occupant AND mailing a copy to the tenant.You can deliver the eviction notice in either of the following ways. If the notice expires and the tenant is still occupying their rented premises, you can move to court and file for their eviction. In California, illegal activity includes unlawful business activity, criminal threats, and criminal nuisances. To evict a tenant for engaging in illegal activity, you must give them a 3 days notice to quit before proceeding with their eviction. A good example of such a violation is where the tenant causes excessive property damage. The 3 days notice to quit, on the other hand, applies to violations that can’t be cured. However, if they don’t, you can escalate the matter to a relevant court. If the tenant stops or rectifies the lease violation within 3 days, you must cease further eviction proceedings against them. Such as, failing to keep the rental unit sanitary, having unauthorized pets, or using the property for wrongful purposes. The 3 days to cure applies to violations that are curable. To evict a tenant for a lease violation, you must provide them 3 days to cure or 3 days’ to quit notice. If the notice expires and the tenant hasn’t left, you can move to court for further help. Unlike some other notices, these notices don’t give the tenant an option to cure a violation. And if they have occupied the property for more than a year, you must serve them a 60 days notice. If the tenant has occupied the rental unit for less than a year, you must serve them a 30 days notice. To evict a tenant who doesn’t have a lease agreement or one whose one has expired, you must serve them either a 30 or 60 days notice. You can continue with the eviction process if the tenant doesn’t pay and continues to occupy the rental unit after the notice expires. This notice will allow the tenant to either pay the past-due rent within 3 days or move out. To evict a tenant for nonpayment of rent, you must serve them with a 3 days notice to pay rent or quit. You must serve the tenant with a proper eviction notice for the eviction to be successful. Under California law, landlords must terminate the lease agreement by serving the tenant with an eviction notice. Once landlords have a legal reason, they must then follow a specific eviction process. Absence of a lease/ expiry of a lease or rental agreement.It goes without saying that a landlord must have a legal reason in order to evict a tenant from their rental premises. Legal Grounds to Evict a Tenant in California The following is a basic overview of the eviction process in California. You can read more about examples of discrimination in our Fair Housing article. The eviction must also be founded on legitimate reasons, and not for retaliatory or discriminatory motives. You cannot try to evict a tenant by any other means, such as shutting down their utilities, locking them out, or removing their belongings. It's important to note that a court order is a prerequisite for the successful eviction of a tenant. However, it can take much longer if a tenant contests their removal. Generally speaking, the California eviction process takes roughly 5 to 8 weeks. Are you a landlord wondering how an California eviction process works? Not sure what your responsibilities are during an eviction or how to serve one? Read on for our step-by-step guide through the entire process.Ĭalifornia eviction laws allow landlords to evict their tenants for certain reasons, such as when they fail to pay rent, breach the terms of the agreement, or stay after the rental agreement has expired.
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