Step #1: Posting the Eviction Notice
The first step to terminating a lease agreement begins with issuing the tenant an eviction notice. Basically, an eviction notice gives a tenant two options: to fix the violation or move out.
There are different types of eviction notices depending on the violation committed. They are as follows:
3-Days’ Notice to Pay:
nonpayment of rent is a serious lease violation. As per the state of California laws, rent becomes late the day after it falls due. As for grace periods, you’re required to mention that in your lease or rental agreement.
Once the rent becomes due and you want to file an eviction lawsuit, you must serve the tenant with this notice. The notice simply gives the tenant two options: to pay all the rent due within 3 days or to simply move out.
If the tenant takes neither option, you can move to court and file an eviction lawsuit against them. If, however, the tenant takes action and pays or moves out on their own, then you must stop further eviction proceedings against them.
3-Days’ Notice to Comply: when a tenant signs the lease, they must abide by the terms of the lease agreement. Typical lease violations that warrant this notice include excessive property damage, illegal property alterations and having an unauthorized pet.
The 3-Days’ Notice to Comply gives the tenant 3 days to ‘cure’ the violation in order to avoid the eviction. If the tenant complies and fixes the violation, you must stop further eviction proceedings henceforth.
Please note that not all lease violations are covered here. Illegal activity, specifically, isn’t covered under this category.
3-Days’ Quit Notice: if the tenant commits an illegal activity whilst at the property, you must begin the eviction process by serving them a 3-Days’ Quit notice. Basically, the notice gives the tenant 3 days to move out of the premises.
Examples of illegal activities include illegal drug activity, illegal firearm activity and cockfighting/dogfighting.
Step #2: Filing and Serving the Petition
If the tenant doesn’t fix the violation or move out, the next step is to seek the court’s help. You do this by filing a complaint in an appropriate court. Usually, this costs anywhere between $385 and $435.
You may also need to pay an extra to get a Writ of Restitution after a successful ruling.
Once the tenant is served, they will be given a chance to respond.
Step #3: Filing the Answer
In the state of California, a tenant isn’t required to file a formal, written answer to an eviction complaint. That said, as a landlord, you’re required to wait out the “answer period” prior to proceeding with the eviction process.
For whatever reason, if the tenant fails to respond, then the court will likely issue a default judgment in your favor.
If served in person, the tenant has exactly 5 business days to respond to the summons and complaints. For all other service types, the tenant will have up to 15 days to offer a response.
Step 4: Hearing & Judgment
Once you have filed the hearing request, the hearing will be scheduled no later than 20 days later. During the hearing, both parties will be given time to present their cases. Make sure to bring as much evidence as possible.
Additionally, remember to bring important documents such as the lease agreement, eviction notice and email correspondences.
In the tenant’s defense, they may claim any of the following:
You tried to evict them using “self-help” means. Whether it’s changing locks, locking the tenant out, removing exterior windows, or getting rid of the tenant’s personal belongings, all forms of “self-help” evictions are illegal.
You did not follow the proper eviction regulations. When evicting a tenant, you must follow certain rules. For example, when evicting a tenant for nonpayment of rent, you must first serve the tenant with a 3-Days’ Notice to Pay. If you fail to do so, or serve an entirely different notice, the tenant may use that as a defense in court.
The rental unit was not habitable.
Under California law, landlords must ensure their rental units meet all local health, safety and building codes. If it doesn’t, a tenant can use that as a reason to stop further rent payments. In such a case, the eviction would fail as the tenant would be exercising one of their rights.
The eviction was discriminatory. According to the Fair Housing Act, it would be illegal for a landlord to discriminate against a tenant based on either of the 7 protected characteristics. The 7 characteristics are race, color, religion, sex, familial status, national origin and disability.
The eviction was retaliatory. Retaliatory evictions are usually illegal, as they take place when a tenant tries to exercise one of their rights. For example, trying to evict a tenant for starting or joining a tenants’ union meant to champion their rights is illegal.
Step #5: Writ of Restitution
If the outcome of the case is in your favor, the court will issue you with a
Writ of Restitution. A Writ of Restitution is a document that authorizes the U.S marshals to evict a tenant.
Once served, the tenant usually has no more than 5 days to move out. If they don’t, the sheriff or constable will forcibly remove them.
Do you need help evicting a tenant? If so,
Authority Property Management can help. Authority Property Management is a professional property management company that has been serving Redding, CA since 2015.
Disclaimer: This blog isn’t a substitute for professional legal advice. If you require more help, please consider hiring professional legal services.
