The eviction of a tenant in California can be a difficult process due to the state’s strict tenant laws. In many cases, landlords must submit to a courtroom-based litigation process in order to get an eviction. The process of evicting a tenant has several discrete steps which must be adhered to by the landlord.
First, California law requires the landlord to demonstrate just cause for removing a tenant from the property. Justifications for evictions include: failure to pay rent, remaining on the premises outside the lease term, damage to property, violating any term of the lease agreement and engaging in illegal activities on the premises.
Next, the landlord must serve the tenant with a 3 day notice to perform (i.e. pay rent ) or terminate the lease. The notice communicates to the tenant that he or she adhere to the terms of the agreement or vacate the premises. The landlord then must wait to see if the tenant remedies the situation within the prescribed time.
It is unlawful in California for landlords to perform evictions independently without submitting to the court system to obtain an order. Regardless of the nature of the tenant’s breach of the lease agreement, a landlord is prohibited from removing the tenant, locking the tenant out, removing his belongings or taking any other such action to initiate an eviction. If the tenant does not cure the lease default, the landlord must file an unlawful detainer action. An unlawful detainer action is a formal complaint to obtain a judgment allowing the Sheriff to enter the premises to remove the tenant. The complaint must be served to the tenant prior to the eviction, and the tenant has the opportunity to raise available defenses and the matter may have to go trial.
The process of evicting the tenant usually takes about 30 days. If the tenant does not respond to the unlawful detainer action after 5 days, then the landlord may request a default judgment. In the event the tenant asserts an objection, a court hearing may be scheduled within 21 days of the objection. A tenant must vacate the premises within 5 days if the landlord prevails. If the tenant is successful, the landlord may be forced to compensate the tenant for court fees incurred from eviction proceedings.
Whether you are a tenant or landlord, consulting with an attorney is necessary to ensure compliance with these detailed aspect of real estate law. Shane Coons has handled a wide array of issues involving both residential and commercial leases in California. Call Shane Coons at 949-333-0900 or visit www.ShaneCoonsLaw.com.