California’s eviction process can be time-consuming, complex, and sometimes frustrating. If you are a landlord dealing with a difficult tenant, you should first understand the legal eviction process and your rights. SueYa’s platform-based California eviction services can guide landlords through the process and ensure they comply with all the relevant laws.
California’s Eviction Process
In California, landlords can terminate the tenancy early and evict the tenant for various reasons. This guide offers an overview of the eviction process and relevant laws in California.
A Landlord Must Provide Proper Notice
Landlords must provide written notices to the tenants before they can begin the eviction process in California. What type of notice to use will vary depending on the reason for eviction. For example, the law requires that a landlord give a three-day notice to pay rent or vacate the premises, a 30-day notice to end a month-to-month tenancy or provide a notice of termination for cause.
File an Eviction Lawsuit
The landlord can file an eviction lawsuit with the court if the tenant doesn’t comply with the notice. This lawsuit is known as an unlawful detainer action. The landlord must then serve the tenant with a copy of the lawsuit and a summons.
Attend a Court Hearing
The court will schedule a hearing date for the landlord and tenant to submit their cases. If the tenant fails to appear at the hearing, the court may grant a default judgment in favor of the landlord.
Obtain a Judgment
If the court rules in favor of the landlord, the court will issue a judgment. The judgment will specify when the tenant must vacate the premises.
Obtain a Writ of Possession
The landlord can obtain a writ of possession from the court if the tenant doesn’t vacate the premises by the specified date. The writ of possession gives the landlord the right to enforce the judgment and physically remove the tenant and their belongings from the property.
Laws That Impact California Eviction Services
Landlords should be aware of and adhere to the relevant laws in California during the eviction process, including the following:
- California Civil Code section 1946.1: This legislation forbids landlords from retaliating against tenants who exercise their legal rights. This could include filing a complaint against the landlord with a government agency or joining a tenant’s organization.
- California Civil Code section 1950.5: This law details the rules for security deposits in California, including when landlords can withhold them and how to return them to tenants.
- California Civil Code section 789.3: This law forbids landlords from retaliating against tenants who report habitability issues, such as unsafe living conditions and insufficient, necessary repairs.
Can You Evict a Tenant in California Right Now?
According to California state laws, landlords must give their tenants a written notice before starting an eviction court case. As such, it is impossible to evict a tenant immediately unless you’ve gone through the court process and the judge decides you have the right to evict the tenant. The judge will issue and sign a writ of possession that will authorize the sheriff to evict the tenant from your property.
What Is the Fastest Way to Evict a Tenant in California?
In California, the most common and fastest way to evict a tenant is a 3-day notice to pay rent arrears or vacate the premises. The landlord can also give a 3-day notice to cure if the tenant violates the lease agreement. A 3-day cure notice informs the tenant to correct the violation within three days. If they don’t comply within three days, the landlord can file an eviction lawsuit.
Another type of notice is an unconditional-quit notice that a landlord can issue to tenants who have committed specific violations. The landlord can issue the quit notice if:
- The tenant has assigned or is subletting the rental unit in breach of the lease agreement.
- The tenant caused substantial damage to the property.
- The tenant is involved in illegal activity in the building.
- The tenant permits or creates a nuisance in the property.
This type of notice informs the tenant to vacate the rental units within three days of receiving it, and the tenant doesn’t have time to fix the violation. If the tenant does not move out, the landlord can go to court and file an eviction lawsuit.
How Much Does It Cost to Evict a Tenant?
The cost to file for an eviction in California is $199.99 plus court filing fees. The court filings for an eviction add up to $270 for claims less than $10,000 and $370 for claims above $10,000.
How SueYa Can Help
The eviction process in California can be long and complicated, which can frustrate landlords seeking to evict difficult tenants. SueYa empowers landlords with relevant information to navigate the complex eviction process and issue notices. Our cutting-edge services combine self-reported information with advanced software to expedite accurate fillings of court documents for our clients. Contact us today and find out more about the eviction process in California.