Eviction Process: A Step-by-Step Guide for Landlords

• Valid reasons: 
  • Failure to pay rent
  • Lease violations 
    • Unauthorized pets, guests, etc. 
    • Property damage
    • Disturbances (noise, violence, etc.)
  • Cause defined by local ordinances
    • Illegal activities 

• Write a notice to your tenant laying out the specific reason for eviction and timeframe/deadline to remedy or vacate:
  • 3-Day Notice 
  • 30-Day or 60-Day Notice 

• File a complaint with the court
• Serve the tenant with court summons and complaint

• Usually 10 days to file a response with the court
• If there is no response from the tenant: 
  • Issue default judgement order
    • Once granted, the plaintiff (landlord) can begin collection efforts against the defendant (tenant), which may include garnishing wages, placing a lien on property, levying bank accounts, since the defendant has essentially forfeited their right to defend against the lawsuit by not responding to the court summons.
    • The defendant cannot contest the claims made in the lawsuit as they failed to respond within the required timeframe. 

• If the tenant contests, a court date is set, both parties present case, and there is a judge ruling.

• Landlord Case won - The court issues Writ of Possession, sheiff removes tenant if they don’t leave voluntarily. 
• Tenant Case won - tenancy continued. 

• Local Ordinances - Be wary of tenant protection laws (Servicemembers Civil Relief Act (SCRA), Tenant Protection Act (AB 1482) etc.)
• Documentation - keep detailed records
•  of all communications, notices, and legal filings.
• Legal Assistance - consult with an attorney familiar with California landlord-tenant law to best navigate the process

Sources: [Statutes]