Key Takeaways

• California law sets strict rules for when and how landlords can evict tenants.

• Notices must be properly served, and only valid legal reasons allow for eviction.

• Tenants have the right to defend themselves in court, and landlords must prepare strong documentation.

Tenants are required to follow the terms of their lease. This includes paying rent on time, avoiding negligent property damage, and not engaging in illegal activity while living on the property. If a tenant violates these terms, the landlord may have grounds for eviction.

That said, California landlord-tenant law also protects tenants. Landlords cannot evict residents for arbitrary reasons or through unlawful actions. 

For example, evicting someone because of their religion, sex, or family status would violate antidiscrimination laws and could result in legal consequences. 

Similarly, using “self-help” tactics such as changing locks, shutting off utilities, or removing belongings is illegal.

Fortunately, when landlords follow the law, the eviction process in California is clear. In this guide, Beyond Property Management explains what landlords can and cannot do under statewide law.

LEARN MORE ABOUT OUR MANAGEMENT SERVICES

Management Services

A Guide to the Tenant Eviction Process in California

Evictions in California follow a structured legal process. Landlords must have a valid reason to remove a tenant, provide the appropriate notice, and if necessary, file a formal case in court. Skipping any of these steps can delay the process and put the landlord at risk of liability.

Legal Causes for Tenant Eviction

As already mentioned, landlords cannot evict tenants without a valid legal reason. 

California law outlines specific grounds for eviction, including:

• Failing to pay rent after it becomes due.

• Remaining in the unit after the lease has expired.

• Violating lease terms, such as making illegal alterations to the property.

• Engaging in illegal activity.

If one of these situations applies, the landlord must then serve the tenant with the proper eviction notice. Notices may either be curable, allowing tenants to fix the problem, or incurable, requiring the tenant to vacate without an option to correct the issue.

Notices for Lease Termination

In California, eviction notices must be delivered in very specific ways. Landlords can:

• Deliver the notice to the tenant in person.

• Leave it with someone of suitable age at the rental or workplace if the tenant is unavailable.

• Post the notice in a visible location on the property and send a copy by mail.

The type of notice depends on the violation:

• 3-Day Notice to Quit: For nonpayment of rent. Tenant must pay within 3 days or move out.

• 30-Day Notice to Vacate: For tenants without a lease or on a month-to-month agreement for less than a year.

• 60-Day Notice to Vacate: For tenants on a month-to-month agreement for a year or more.

• 3-Day Notice to Perform Covenants or Vacate: For minor lease violations, such as cleanliness or unauthorized subletting.

• 3-Day Notice to Vacate: For tenants engaging in illegal activity, with no option to remedy.

Each notice must be precise, as even small errors can weaken a landlord’s case in court.

CONTACT US TODAY FOR MORE INFORMATION

Contact

Tenant Eviction Defenses in California

Tenants have the right to contest an eviction in court. A tenant may challenge an eviction if:

• The eviction notice contained errors.

• The landlord used unlawful “self-help” methods.

• The eviction was discriminatory based on protected characteristics.

• The eviction was retaliatory after the tenant exercised legal rights.

• No actual lease violation occurred.

These defenses can delay or stop the eviction process, which is why landlords must ensure their notices and actions are legally sound.

Court Hearing

If the case proceeds to court, landlords should bring as much documentation as possible. This includes the lease agreement, eviction notices, payment records, and evidence of lease violations.

The court may issue a judgment in favor of the landlord through a default judgment if the tenant fails to respond, or after a contested hearing if the tenant fights the eviction. 

While tenants cannot automatically stop an eviction through appeal, they may request a temporary stay of execution to delay removal after receiving a writ of execution.

EXPLORE OUR PRICING OPTIONS

Pricing

Bottom Line

That's the step-by-step process California landlords must follow to legally evict a tenant. Straying from this process can not only delay removal but also expose landlords to legal trouble.

For landlords in San Diego seeking professional support, Beyond Property Management is here to help. From navigating evictions to handling the day-to-day management of your rental, we’re committed to protecting your investment and maximizing your ROI. Contact us today to learn more.

Disclaimer: This article is intended for informational purposes only and does not constitute legal advice. For guidance specific to your situation, consult with a qualified attorney or property management professional.