California Eviction Laws

In California, as with other states, there are specific laws you need to know and abide by to protect yourself, your property, and your renters. 

Navigating all the legal aspects of renting your property can seem overwhelming, especially if you’re just beginning your role as a landlord, and there are specific procedures you’ll need to follow to carry out an eviction.

However, we’ll cover the main California Eviction Laws and provide some extra insight and clarification into the eviction process and how it works so you can better understand your role as a landlord.

California Eviction Laws

California’s rental laws surrounding eviction and its procedures can cover a range of situations that landlords may experience. As of January 1, 2020, a new rental law went into effect: State Assembly Bill 1482. This new law puts caps on how much landlords can charge for rental fees and eliminates the “no cause” eviction clause. Under this new statute, California landlords must now have just cause before evicting a renter who has lived on the rental property for one year or more.

Additionally, landlords cannot evict a month-to-month renter who has lived on the rental property for more than a year without just cause. With renters whose yearly lease is about to end, landlords cannot deny a lease renewal without just cause unless they provide monetary assistance (usually the amount of one month’s rent) for the renter to relocate. In the case of a month-to-month renter who has resided on the property for less than a year, a landlord can process a no-cause eviction as long as they provide the renter with appropriate notice.

What Is Just Cause for Eviction in California?

California Courts states that you have just cause to pursue eviction and terminate (or refuse to renew) a rental contract or lease if the renter:

• Fails to pay rent
• Participates in illegal activities on the rental property
• Causes bodily harm
• Vandalizes or otherwise deliberately damages your property

What Is No-Fault Just Cause?

The “no-fault just cause” eviction clause means that landlords can evict renters due to circumstances beyond the renter’s control. For instance, if a landlord puts the rental unit up for sale or moves into the unit as their personal residence, the no-fault just cause notice covers this type of eviction. Landlords must give their renters plenty of notice, typically 30-60 days, and in a situation such as the previous examples, will typically pay any relocation fees the renter needs totaling the amount of one month’s rent.

What Are Minimum Eviction Notices?

You can’t pursue the eviction process unless you provide a minimum eviction notice first. This document goes to the renter and alerts them to your termination of the lease or rental agreement for a just cause like the reasons mentioned above. Nolo outlines the three-day eviction notices you must provide before starting the eviction process, depending on the just cause:

• Three-Day Notice to Quit or Pay Rent: This three-day eviction notice states that the renter has three days to either pay their late rent or vacate the unit. You must include the renter’s full name, unit address, full amount renter owes, and past due dates..
• Three-Day Notice to Perform Covenant or Quit: This notice requires the renter to rectify a lease or contract violation (like having unauthorized housemates) within three days of your notice. This form must include the same information as the previous notice (the renter’s name and unit address) along with the reason for the notice. If the renter doesn’t fix the situation within three days, you can proceed with an eviction.
• Three-Day Notice to Quit: You can give renters this notice in the case of “nuisance behavior,” such as an action that leads to property damage or injury and harm to health. With this notice, renters’ only option is to move out of the unit within three days.

After the minimum eviction notices, there are three notices that provide longer terms for renters to vacate the property: 30, 60, and 90-day notices that each cover a specific term for renters to relocate. You would file one of these three notices after the minimum eviction notice, and you would need to provide a clearly written statement of cause for eviction.

Moving Forward With the Eviction Process

If the renter fails to respond to your minimum eviction notice, you can move forward with the eviction process. After the three-day minimum notices, there are 30-day, 60-day, or 90-day eviction notices you will also need to provide in the event the renter doesn’t respond to a three-day cure or pay rent notice.

If the renter doesn’t respond to any of these notices, you can then file an unlawful detainer. A process server gives the renter this legal document at this point. If the process server serves the renter in person, the renter usually has five business days to respond. If you mail the unlawful detainer, the renter has up to 15 days to respond.

If the renter doesn’t respond in any way, you can ask the court for a default judgment. If the court grants one, the eviction reflects in the renter’s record and their credit score falls. If you’re following through with a court proceeding in order to regain rental payments, you’ll need to file a trial request. Typically, the courts notify both you and the renter of the approved court date within a week of your filing.

If you just want to get the renter out of the unit and you’ve served an unlawful detainment, you can file a Clerk’s Judgment for Possession form. As long as the presiding judge acknowledges your compliance with the correct procedures, you should receive a Writ of Execution afterward. This will allow your local sheriff’s office to go ahead and evict the renter.

Essentially, there are quite a few steps you must take in order to pursue lawful eviction in the state of California. However, if you follow all legal procedures correctly and use California’s legislative resources, you can ensure you’re always in compliance with your rental practices.