How to evict a tenant in California

The basic process

1. Serve the proper notice. 3-day for nonpayment (cure or quit). 30-day for at-will tenancies under 1 year. 60-day for at-will tenancies over 1 year. Just-cause notices require specific grounds.
2. Wait the notice period. If tenant cures (pays, vacates, fixes), the eviction ends.
3. File the Unlawful Detainer (UD) lawsuit. County court. Tenant has 10 days to respond.
4. Court hearing. Typically 30-50 days after filing. Most cases settle before this.
5. Judgment and writ. If you win, the court issues a writ of possession.
6. Sheriff lockout. Sheriff posts a 5-day notice, then physically removes the tenant. 5-15 days after the writ.

Total: 45-90 days from notice to lockout if the tenant does not fight. 3-6 months if they file an answer and demand a jury trial.

Realistic cost

Total realistic cost: $4,000-13,000 plus your time. This is why getting tenant selection right at the front end is the cheapest "eviction insurance" you can buy.

The just-cause requirement

Under AB 1482, tenants in occupancy 12+ months can only be evicted for "just cause," which falls into two buckets:

• At-fault grounds: nonpayment, lease violation, nuisance, criminal activity, refusal to sign a similar new lease.
• No-fault grounds: owner move-in, withdrawal from rental market (Ellis), substantial remodel, government order. Requires relocation assistance equal to one month's rent.

"I want to raise the rent past the cap and the tenant said no" is NOT just cause.

Most common mistakes

• Self-help eviction. Changing locks, shutting off utilities, removing tenant's belongings. ALL illegal in California. Damages can reach 3x actual damages plus the tenant's attorney fees.
• Filing without proper notice service. The court will dismiss the case and you start over.
• Trying to evict during a moratorium. Local moratoriums still exist in places; check before filing.
• Accepting partial rent during the 3-day notice. Some courts treat this as waiving the notice and you have to start over.