Are you a California landlord facing the difficult decision to evict a tenant? You’re not alone. The eviction process in California can take 5 to 8 weeks, but it may take longer depending on the reason for eviction. Navigating the state’s complex tenant laws can be as challenging as dealing with a problematic tenant. However, when you have legitimate grounds for eviction, understanding the proper legal process can save you time, money, and potential lawsuits.
Important: Always consult with a qualified attorney before beginning any eviction proceedings to ensure you have valid grounds and follow proper procedures.
When You Can Legally Evict a Tenant in California
Before learning how to evict a tenant, you must understand that California law requires specific, legally justifiable reasons for eviction. California law specifies valid reasons for eviction, such as non-payment of rent, lease violations, and illegal activities. Here are the most common legal grounds:
Valid Reasons to Evict a Tenant:
- Non-payment of rent – The most common reason for eviction
- Lease violations – Including unauthorized pets, subletting, or exceeding occupancy limits
- Property damage – Beyond normal wear and tear
- Illegal activities – Drug possession, weapons, or conducting unauthorized business
- Refusal to allow landlord access – For inspections or necessary repairs
- Holdover tenancy – Refusing to vacate after lease expiration
Critical Update for 2025: Effective January 1, 2025, AB 2347 extends the period tenants have to respond to an Unlawful Detainer lawsuit from 5 business days to 10 business days. This change affects your eviction timeline and must be taken into account when planning.
Types of Eviction Notices in California
The type of notice you serve depends entirely on your reason for eviction. Each notice has specific requirements and timelines that must be followed exactly to avoid delays or case dismissal.
3-Day Notice to Pay Rent
This notice is intended for situations where a tenant has not paid their rent by the due date.
The 3-Day Notice to Pay Rent is the most frequently utilized eviction notice in the state of California. It serves as a formal reminder to tenants that their rent payment is overdue. You may issue this notice as soon as the day after the rent is due, provided that your lease agreement does not include a specific grace period allowing extra time for payment. This notice provides tenants with three days to settle their outstanding rent before further legal actions may be pursued. The notice must include:
- Exact amount owed
- How and where the payment can be made
- Clear statement that tenant must pay or vacate within 3 days
Important: A tenant can legally withhold rent if you’ve failed to maintain habitable conditions. Ensure your property meets all habitability requirements before serving this notice.
3-Day Notice to Cure
When to use: For lease violations that can be corrected
This formal notice serves as a notification to tenants that they have a period of 3 days to address and rectify any lease violations, such as the presence of an unauthorized pet. If the tenant fails to take corrective action within this timeframe, they may face eviction proceedings. It is crucial to safeguard your position by thoroughly documenting the violation. This should include clear photographs that illustrate the issue, precise dates of occurrence, and statements from witnesses who can corroborate the violation. Proper documentation will strengthen your case if further action becomes necessary.
3-Day Notice to Quit (No Cure Period)
This notice is appropriate in cases of serious lease violations or illegal activities that necessitate immediate action.
Certain violations are so severe that they cannot be remedied and require prompt action to ensure the safety and integrity of the property and community. These violations include:
- Illegal Drug Activity: Engaging in or facilitating drug-related activities on the premises poses significant legal and safety risks.
- Serious Property Damage: Any substantial damage to the property that compromises its safety or habitability necessitates immediate eviction proceedings.
- Repeated Lease Violations: Continued breaches of the lease agreement, particularly after previous warnings have been issued, demonstrate a disregard for the terms of the tenancy and justify urgent action.
30-Day or 60-Day Notice to Terminate Tenancy
When to use: For no-fault evictions (month-to-month tenancies)
- 30-day notice: For tenancies less than one year
- 60-day notice: For tenancies of one year or more
Note: Many California cities have “just cause” eviction ordinances that limit no-fault evictions. Always check local laws before proceeding.
In California, landlords must follow specific procedures when handling tenant belongings that have been left behind. Here’s a detailed breakdown of the required steps:
- Store items for 15 days minimum (18 days if mailed notice)
- Send written notice of abandoned property to the tenant’s last known address
- Attempt to return items to the tenant
- Dispose of items properly if the tenant doesn’t respond
Maintaining accurate and comprehensive records is essential throughout this process. Take clear photographs of all items, noting their condition when you found them, and keep detailed logs of your storage practices and any communication with the tenant regarding their belongings. This documentation will be invaluable if any disputes arise in the future.
Following an eviction, landlords have the option to pursue tenants for various outstanding debts, including:
- Unpaid rent
- Property damage costs
- Court fees and attorney costs
- Storage costs for abandoned property
To enhance your chances of collecting these debts, consider collaborating with a collection agency or reporting the debts to the credit bureaus. However, it is essential to notify the tenant of your intentions beforehand. Additionally, ensure that you update your records promptly if they make any payments toward settling their debt.
Key Takeaways for California Landlords
Successfully evicting a tenant in California requires careful attention to legal procedures and timelines. Remember these critical points:
- Always have valid legal grounds before starting the eviction process
- Serve the correct type of notice with proper timing and documentation
- Follow court procedures exactly – small mistakes can be costly
- Account for new 2025 legal changes in your timeline planning
- Never attempt self-help evictions – they’re illegal and expensive
The eviction process can be complex and time-consuming, but following proper procedures protects both your property rights and your tenant’s legal rights. When in doubt, consult with a qualified attorney who specializes in landlord-tenant law.
Real Property Management West San Fernando Valley has a tenant screening process to help you prevent tenants who may be a nuisance. We can also handle the eviction process, so you don’t have to do it yourself. Contact us today.
Originally posted: April 8, 2019