Tenant eviction is never pleasant, but in extreme cases, it becomes necessary. If you have to resort to this solution, you should be aware of the legal requirements that regulate property eviction in California. Here's a brief overview of the key provisions owners must be aware of:
- You have to provide tenants with a legal notice before you can initiate the legal procedure. This notice specifies the eviction reason. Depending on the circumstances, this document can also include the rent amount tenants have to pay or the damages they have caused.
- The notice also specifies how much time tenants have before they are required to move out. If renters have violated the provisions of the rental agreement the notice period is only 3 days. If there is a remedy for the violation, then the tenants have 3 days to fix it. If the eviction reason is illegal activity or the violation can't be remedied, tenants have a 3-days notice to leave the property. The notice period can be 30 days if tenants had a month-to-month lease agreement. If they have been living in your rental house for more than one year, the deadline extends to 60 days.
- As an owner, you have to try to hand the notice to your tenants personally. If this is not possible, you can leave the notice to a reliable adult who can make sure your tenants receive it or send the document by mail.
- After tenants receive the notice, they are required to take appropriate action either by leaving the property or by fixing the problem that represent the eviction grounds. If they fail to do so, you are entitled to file a lawsuit in order to evict them from your property. This lawsuit is called unlawful detainer action.
- After the notice period expires, you can file an unlawful detainer complaint. In order to do this, you will have to fill in 3 different forms: the detainer complaint, the form for prejudgement right of possession and the civil case cover sheet. From the moment you file, the tenant has 5 days to provide a response in the form of a motion. If you don't receive a response, the next step is setting a trial date.
- It usually takes one to two months before the tenant eviction process is concluded.