Understanding the Legal Process of Tenant Eviction

Evicting a tenant in California is a structured legal process with specific rules and timeframes. Whether it’s due to unpaid rent, a lease violation, or the end of a lease, landlords must follow state and local laws precisely to avoid delays, court dismissals, or worse—legal liability.

This guide explains how to evict a tenant in California legally and efficiently while minimizing risk.

1. Determine the Legal Grounds for Eviction

Before taking any action, landlords must confirm they have a legal reason to remove the tenant. Common grounds include:

• Unpaid rent
• Lease violations (e.g., unauthorized occupants or pets, illegal activity)
• Expired lease with proper notice given
• Owner move-in or intent to take the rental unit off the market

In California, you cannot evict a tenant without just cause if your property is subject to the California Tenant Protection Act or local rent control ordinances.

2. Choose the Correct Type of Notice

The next step is to serve a legally valid notice. The type of notice depends on the reason for eviction:

• 3-Day Notice to Pay Rent or Quit – Used for unpaid rent.
• 3-Day Notice to Cure or Quit – For lease violations that can be corrected.
• 30-Day or 60-Day Notice to Vacate – If the tenant is not at fault, such as in a no-fault termination or end of a lease (60 days required if tenant has lived there over a year).

Notices must include all necessary information and comply with California’s legal requirements, or the eviction may be delayed or dismissed in court.

3. File an Eviction Case in Court

If the tenant does not comply with the notice, the landlord can file an eviction case, known as an unlawful detainer, with the local court. This step includes:

• Filing a Summons and Complaint
• Paying court fees (may include attorney fees if represented)
• Serving the paperwork to the tenant legally

The tenant typically has five days to file an answer with the court after being served.

4. Attend the Court Hearing

If the tenant contests the eviction, a court hearing will be scheduled. At the hearing, you must present:

• A copy of the rental agreement or lease
• Proof of service of the notice
• Evidence of unpaid rent, lease violations, or other grounds for eviction

If the judge rules in your favor, the court will issue a court order to evict the tenant.

5. Enforce the Eviction Order

If the tenant still refuses to leave, the sheriff will enforce the court order to remove the tenant from the rental property. Only law enforcement can physically evict someone—landlords may not change locks or shut off utilities themselves.

6. Handle the Security Deposit Legally

Once the tenant vacates, you have 21 days to return the security deposit or provide an itemized statement of deductions for unpaid rent or damage beyond normal wear and tear.

Legal Consequences of Improper Eviction

Improperly evicting a tenant—such as not using the right notice, violating local laws, or attempting “self-help” evictions—can result in:

• The court dismissing the eviction
• Liability for damages
• Payment of the tenant’s attorney fees
• Fines and civil penalties

Always ensure the eviction process is legally sound from start to finish.

Need Help with Evictions? Coastline Equity Can Guide You

At Coastline Equity Property Management, we help property owners navigate California’s complex eviction processes legally and efficiently. From issuing proper notices to coordinating with legal professionals, we ensure full compliance and minimize risk.

Contact Coastline Equity today to protect your investment and stay compliant with California eviction laws.