Evictions are one of the most stressful parts of being a landlord, especially in California where tenant protections are extensive and procedures are tightly regulated. Even experienced property owners often have questions about how to navigate the process legally, efficiently, and without creating liability. Whether you’re dealing with nonpayment of rent, lease violations, or just trying to regain possession of your property, it’s essential to understand how California’s eviction laws work. Below are the 10 most common questions landlords ask about evictions in California—along with clear answers to help you stay compliant and make informed decisions.
1. When Can I Legally Evict a Tenant in California?
You can legally evict a tenant only for specific, lawful reasons. These include:
- Nonpayment of rent
- Violation of the lease terms (e.g., unauthorized occupants, pets, or illegal activity)
- Refusing to vacate after a lease has ended
- Owner move-in or substantial remodel (in rent-controlled jurisdictions)
- Just cause reasons under the California Tenant Protection Act (AB 1482)
You must have a legally valid reason, especially for tenants who have lived in the unit for 12 months or more and are protected under just cause eviction laws.
2. What Is the First Step in the Eviction Process?
The first legal step is serving the appropriate written notice. Depending on the reason, you will serve:
- A 3 Day Notice to Pay Rent or Quit for unpaid rent
- A 3 Day Notice to Cure or Quit for correctable lease violations
- A 3 Day Notice to Quit for serious violations that don’t allow correction
- A 30 or 60 Day Notice to Vacate for no-fault terminations (in limited cases)
Notices must comply with California law and be served using an approved method. A defective notice is one of the most common reasons evictions are delayed or dismissed.
3. How Do I Serve a 3 Day Notice Correctly?
You may serve a 3 Day Notice by:
- Personal service: Delivering the notice directly to the tenant
- Substituted service: Leaving it with someone of suitable age at the property and mailing a copy
- Posting and mailing: Posting it in a conspicuous place at the property and mailing a copy
The three-day period starts after service, not including weekends or court holidays. You must keep documentation of how and when the notice was served.
4. What Happens If the Tenant Doesn’t Comply With the Notice?
If the tenant does not pay rent, correct the violation, or move out within the notice period, the next step is to file an unlawful detainer lawsuit in the appropriate court. This is the official legal action to remove the tenant. You cannot evict a tenant yourself or change the locks without a court order.
5. How Long Does the Eviction Process Take in California?
The timeline varies based on court availability and tenant response, but the general process can take anywhere from 30 to 90 days, or longer if the tenant contests the case.
Typical timeline:
- 3–15 days: Notice period
- 1–5 days: Filing and serving the unlawful detainer
- 5 business days: Tenant’s deadline to respond
- 10–20 days: Hearing date, if contested
- 5+ days: Sheriff’s lockout after judgment
The more prepared you are with proper documentation and procedures, the smoother the process.
6. Can a Tenant Fight the Eviction in Court?
Yes. A tenant can file an Answer to the unlawful detainer complaint and challenge the eviction. Common defenses include:
- Improper notice
- Retaliation
- Discrimination or fair housing violations
- Rent already paid
- Failure to maintain habitability
If the tenant responds, a court hearing will be scheduled, and you’ll need to present your case with strong evidence and lease documentation.
7. What Is the Sheriff’s Role in the Eviction?
If the court rules in your favor, a Writ of Possession will be issued. You must take this writ to the local sheriff, who will post a 5-day notice to vacate at the property. If the tenant remains after the five days, the sheriff will return to physically remove them. Only the sheriff can lawfully perform the lockout.
8. Can I Accept Partial Rent After Filing for Eviction?
Accepting partial rent after serving a 3 Day Notice to Pay Rent or Quit can undermine your case. In many cases, it resets the clock or voids the original notice. If you wish to accept partial payments and still proceed with eviction, you must do so carefully with a written agreement that clearly states you are not waiving your right to continue with the eviction.
9. What Are My Responsibilities During the Eviction Process?
Even during eviction, you must maintain basic landlord responsibilities. You cannot:
- Shut off utilities
- Harass or threaten the tenant
- Change locks without a sheriff
- Enter the unit without proper notice
Doing any of the above can lead to legal consequences for you, including fines and dismissal of your case. You must continue to respect the tenant’s legal rights until the eviction is complete.
10. What If the Tenant Leaves Belongings Behind?
After a sheriff lockout, you may find that the tenant has left personal property in the unit. Under California law, you must follow specific procedures for abandoned property.
Steps include:
- Take inventory and store the items in a safe place
- Notify the tenant with a written notice (personally or by mail)
- Wait at least 15 days (or 18 if mailed) before disposing of items
- If the tenant claims them, they must pay storage and handling costs
- If unclaimed, items under $700 in value may be discarded; higher-value items may need to be auctioned
Failing to follow this process can expose you to liability, even after the tenant is gone.
Navigating the eviction process in California requires careful attention to legal procedures, strict notice requirements, and tenant protections. Understanding these commonly asked questions helps landlords take the correct steps, minimize risks, and protect their property legally.