Los Angeles, California - Tenant Eviction Process

How To Evict a Tenant / How Do I Evict a Tenant ?
GUIDE TO THE EVICTION PROCESS IN CALIFORNIA

Step 1: Learn the Eviction Laws – California Eviction Law
Reasons for evicting a tenant in California include:

• Tenant not paying rent
• Lease violations (not rent related)
• Illegal/improper use of premises
• Unauthorized pet
• Unauthorized additional occupant(s)
• Waste or nuisance
• Damage to property
• 30- or 60-day Notice to Terminate Tenancy
• 30 days’ notice is required if the tenant has lived in the premises less than one year; 60 days if tenant has lived in the premises one year or more.
• Can a tenant deduct for repairs?
• Tenants do have the right to “repair and deduct” if there is a legitimate issue that the landlord hasn’t remedied. But, they must follow the law in order to do so.
• Can I change the locks, turn off the utilities, or remove the tenant’s property if the tenant doesn’t pay the rent?
• No. California law generally prohibits “self-help” actions by landlords to remove a tenant other than through the legal eviction process. If you take these actions, the tenant can sue you, and you may face criminal liability as well. 
• Can I evict a tenant for complaining about the property or requesting repairs?
• No. California law prohibits retaliatory eviction. Retaliation is a defense to an eviction that is not based on nonpayment—if the tenant proves it, he or she will get to stay. The law also provides for an affirmative cause of action for retaliatory eviction, meaning that a landlord faces significant liability for evicting a tenant because the tenant made complaints about the property or requested repairs.
• If you have a difficult tenant who is making complaints or requesting repairs, you should consult with an experienced landlord-tenant attorney to minimize your exposure to liability for retaliatory eviction, breach of the implied warranty of habitability, or other potential causes of action.
• How long does it take to evict a tenant? How long is the eviction process?
• A rough estimate for a contested eviction is about 5-10 weeks from filing the complaint to the sheriff posting the final notice to vacate and removing the tenant if necessary. Each case is different, and uncontested evictions are resolved more quickly. A more detailed explanation of the process can be found below.
• California Tenant Protection Act of 2019. The state legislature recently passed the Tenant Protection Act, which makes important changes to California landlord-tenant law. Some key aspects of the Act are discussed below. 

Step 2: Deliver the Eviction Notice – Notice to Vacate
To begin the eviction process, the landlord must serve the tenant a legal eviction notice. California law contains strict requirements as to the contents of the notice, and failure to follow these requirements can lead to the case being dismissed. For example, for an eviction for nonpayment, the notice must explicitly state that the tenant has three days to pay the rent or vacate the premises, must correctly state the amount of rent due and the period for which the rent is owed, and must contain specific language regarding forfeiture of the lease agreement. The notice must be served in a specified manner. Many landlords who represent themselves prepare or serve the notice incorrectly, leading to the tenant prevailing in court. An experienced attorney can help you ensure that your eviction notice is valid, properly served, and will hold up in court.

Step 3: File the Eviction (Unlawful Detainer) Lawsuit
After your tenant has been given a valid eviction notice and the statutory time period (usually 3 days, 30, or 60) has passed, you can file a lawsuit for unlawful detainer (eviction). The lawsuit will, if successful, allow you to recover possession of the premises, unpaid rent, and other damages allowed by law. For example, if your lease provides for attorney’s fees and/or costs, those can be included in the judgment. Damage to the property cannot be included in an eviction lawsuit. Once the lawsuit is filed, the summons, complaint, and related documents must be served on the tenant, and the tenant has five days to respond (additional time is given if the complaint is served by substituted service).

Step 4: Filing through Trial
The tenant has a limited time to respond to the eviction complaint by filing a responsive pleading, usually an answer or demurrer. An answer is the “standard” responsive pleading in order to proceed to trial. Some tenants will file a demurrer in an effort to stall the process. If there are no legal defects with the complaint or notice, the demurrer is usually readily overruled and the tenant ordered to file an answer within five days. You can avoid delays arising out of a demurrer by applying ex parte to advance the hearing date. Once the tenant has an answer on file, you can request a trial date, which the court is required to set within 20 days of your request.

If the tenant does not respond to the eviction lawsuit, you can obtain a default judgment against the tenant for possession, rent, and attorney’s fees and costs if allowed by the lease.

If the case proceeds to trial, you will appear in court and check in with the court clerk. When your case is called, you will approach the bench and the judge will ask you to explain the case and present your evidence. Sometimes, the defendant tenant won’t even bother to show up, but many do, and many tenants will hire attorneys to represent them in eviction cases. Eviction defense attorneys often try to prolong the eviction as long as possible in order to delay the tenant moving out, such as by filing a demurrer as mentioned above, or by requesting continuances from the court. Some defendants will even demand a jury trial. An experienced attorney can help avoid these delaying tactics and make sure your case is brought to trial as expediently as possible.

At trial, the judge (or jury) will hear evidence and argument from each side, and will make a decision on your case. The court will enter a judgment reflecting its decision. If the judgment is for the plaintiff (landlord), the court will award possession and money damages according to the evidence, and will issue a writ of possession that directs the sheriff’s department to remove the tenant from the property and place the landlord back in possession.

Step 5: Writ of Possession and Removal by Sheriffs
The sheriff’s department executes the writ of possession by posting a notice to vacate on the property. The notice to vacate by the sheriff’s department gives the tenant five days to vacate. If the tenant does not vacate within that five-day period, the sheriffs will come back and remove the tenant from the property.

The tenant may appeal the judgment, which is relatively rare, or more commonly file post-judgment applications for relief, such as an ex parte application to stay execution of the judgment (give the tenant more time to move out), or to set aside a default judgment (allow the tenant to defend the eviction even though he or she did not timely file a responsive pleading). An attorney can help you address any post-judgment applications by the tenant and make sure you recover possession of your property as quickly as possible.

California Tenant Protection Act of 2019
Recently signed into law, the California Tenant Protection Act of 2019 is a significant piece of legislation that every landlord should be aware of. The new law goes into effect on January 1, 2020. It generally caps rent increases at 5% annually, plus inflation, and requires “just cause” for evictions where a tenant has lived in the property for a year or more. The “just cause” must be stated in the eviction notice. Certain properties are exempted from these requirements, but the new legislation will apply to most residential rentals.

“Just cause” is broken down into at-fault and no-fault causes for eviction. “At-fault just cause” includes nonpayment of rent, material breaches of lease terms after notice and an opportunity to cure, criminal activities on the property or criminal threats against the owner or owner’s agent, nuisance or waste (as legally defined), and improper subletting or assignment of the premises. If the tenant’s lease expires, the owner requests in writing that the tenant sign a new lease on the same or substantially similar terms, and the tenant declines to do so, that is also included within at-fault just cause. “No-fault just cause” includes occupancy of the premises by the owner or specified relatives, withdrawing the property from the rental market, compliance with a government order or local ordinance that requires the property to be vacated, or the intent to demolish or substantially remodel the property. There are additional provisions that may apply in some cases.

In order to terminate a tenant based on no-fault just cause, the landlord must either pay the tenant relocation assistance in an amount equal to one month’s rent within 15 days after the eviction notice, or waive rent for the final month of the tenancy. If the landlord does not do so, the eviction notice is void. If the tenant does not vacate the premises within the time stated in the eviction notice, the landlord may recover the amount of the relocation assistance or rent waiver as damages in an unlawful detainer lawsuit. In addition, a landlord terminating the tenancy based on no-fault just cause is required to notify the tenants of their right to a relocation assistance payment or rent waiver.

This is a significant and fairly complex piece of legislation that affects most tenants and owners of residential property. A landlord-tenant attorney can help you make sense of the new law, avoid any pitfalls, and ensure that your eviction fully complies with this legislation.

SELECTED CALIFORNIA EVICTION STATUTES

Code of Civil Procedure § 1161

A tenant of real property, for a term less than life, or the executor or administrator of his or her estate heretofore qualified and now acting or hereafter to be qualified and act, is guilty of unlawful detainer:

1. When he or she continues in possession, in person or by subtenant, of the property, or any part thereof, after the expiration of the term for which it is let to him or her; provided the expiration is of a nondefault nature however brought about without the permission of his or her landlord, or the successor in estate of his or her landlord, if applicable; including the case where the person to be removed became the occupant of the premises as a servant, employee, agent, or licensee and the relation of master and servant, or employer and employee, or principal and agent, or licensor and licensee, has been lawfully terminated or the time fixed for occupancy by the agreement between the parties has expired; but nothing in this subdivision shall be construed as preventing the removal of the occupant in any other lawful manner; but in case of a tenancy at will, it must first be terminated by notice, as prescribed in the Civil Code.

2. When he or she continues in possession, in person or by subtenant, without the permission of his or her landlord, or the successor in estate of his or her landlord, if applicable, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three days’ notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring its payment, stating the amount which is due, the name, telephone number, and address of the person to whom the rent payment shall be made, and, if payment may be made personally, the usual days and hours that person will be available to receive the payment (provided that, if the address does not allow for personal delivery, then it shall be conclusively presumed that upon the mailing of any rent or notice to the owner by the tenant to the name and address provided, the notice or rent is deemed received by the owner on the date posted, if the tenant can show proof of mailing to the name and address provided by the owner), or the number of an account in a financial institution into which the rental payment may be made, and the name and street address of the institution (provided that the institution is located within five miles of the rental property), or if an electronic funds transfer procedure has been previously established, that payment may be made pursuant to that procedure, or possession of the property, shall have been served upon him or her and if there is a subtenant in actual occupation of the premises, also upon the subtenant.
The notice may be served at any time within one year after the rent becomes due. In all cases of tenancy upon agricultural lands, where the tenant has held over and retained possession for more than 60 days after the expiration of the term without any demand of possession or notice to quit by the landlord or the successor in estate of his or her landlord, if applicable, he or she shall be deemed to be holding by permission of the landlord or successor in estate of his or her landlord, if applicable, and shall be entitled to hold under the terms of the lease for another full year, and shall not be guilty of an unlawful detainer during that year, and the holding over for that period shall be taken and construed as a consent on the part of a tenant to hold for another year.

3. When he or she continues in possession, in person or by subtenant, after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than the one for the payment of rent, and three days’ notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring the performance of such conditions or covenants, or the possession of the property, shall have been served upon him or her, and if there is a subtenant in actual occupation of the premises, also, upon the subtenant. Within three days, excluding Saturdays and Sundays and other judicial holidays, after the service of the notice, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform the conditions or covenants of the lease or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture; provided, if the conditions and covenants of the lease, violated by the lessee, cannot afterward be performed, then no notice, as last prescribed herein, need be given to the lessee or his or her subtenant, demanding the performance of the violated conditions or covenants of the lease.
A tenant may take proceedings, similar to those prescribed in this chapter, to obtain possession of the premises let to a subtenant or held by a servant, employee, agent, or licensee, in case of his or her unlawful detention of the premises underlet to him or her or held by him or her.

4. Any tenant, subtenant, or executor or administrator of his or her estate heretofore qualified and now acting, or hereafter to be qualified and act, assigning or subletting or committing waste upon the demised premises, contrary to the conditions or covenants of his or her lease, or maintaining, committing, or permitting the maintenance or commission of a nuisance upon the demised premises or using the premises for an unlawful purpose, thereby terminates the lease, and the landlord, or his or her successor in estate, shall upon service of three days’ notice to quit upon the person or persons in possession, be entitled to restitution of possession of the demised premises under this chapter. For purposes of this subdivision, a person who commits or maintains a public nuisance as described in Section 3482.8 of the Civil Code, or who commits an offense described in subdivision (c) of Section 3485 of the Civil Code, or subdivision (c) of Section 3486 of the Civil Code, or uses the premises to further the purpose of that offense shall be deemed to have committed a nuisance upon the premises.

5. When he or she gives written notice as provided in Section 1946 of the Civil Code of his or her intention to terminate the hiring of the real property, or makes a written offer to surrender which is accepted in writing by the landlord, but fails to deliver possession at the time specified in that written notice, without the permission of his or her landlord, or the successor in estate of the landlord, if applicable.
As used in this section, tenant includes any person who hires real property except those persons whose occupancy is described in subdivision (b) of Section 1940 of the Civil Code.

Code of Civil Procedure § 1946

A hiring of real property, for a term not specified by the parties, is deemed to be renewed as stated in Section 1945, at the end of the term implied by law unless one of the parties gives written notice to the other of that party’s intention to terminate the same, at least as long before the expiration thereof as the term of the hiring itself, not exceeding 30 days; provided, however, that as to tenancies from month to month either of the parties may terminate the same by giving at least 30 days’ written notice thereof at any time and the rent shall be due and payable to and including the date of termination. It shall be competent for the parties to provide by an agreement at the time the tenancy is created that a notice of the intention to terminate the same may be given at any time not less than seven days before the expiration of the term thereof. The notice herein required shall be given in the manner prescribed in Section 1162 of the Code of Civil Procedure or by sending a copy by certified or registered mail addressed to the other party. In addition, the lessee may give the notice by sending a copy by certified or registered mail addressed to the agent of the lessor to whom the lessee has paid the rent for the month prior to the date of the notice or by delivering a copy to the agent personally. The notice given by the lessor shall also contain, in substantially the same form, the following:

“State law permits former tenants to reclaim abandoned personal property left at the former address of the tenant, subject to certain conditions. You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed. In general, these costs will be lower the sooner you contact your former landlord after being notified that property belonging to you was left behind after you moved out.”

Code of Civil Procedure § 1946.1

(a) Notwithstanding Section 1946, a hiring of residential real property for a term not specified by the parties, is deemed to be renewed as stated in Section 1945, at the end of the term implied by law unless one of the parties gives written notice to the other of his or her intention to terminate the tenancy, as provided in this section.
(b) An owner of a residential dwelling giving notice pursuant to this section shall give notice at least 60 days prior to the proposed date of termination. A tenant giving notice pursuant to this section shall give notice for a period at least as long as the term of the periodic tenancy prior to the proposed date of termination.
(c) Notwithstanding subdivision (b), an owner of a residential dwelling giving notice pursuant to this section shall give notice at least 30 days prior to the proposed date of termination if any tenant or resident has resided in the dwelling for less than one year.
(d) Notwithstanding subdivision (b), an owner of a residential dwelling giving notice pursuant to this section shall give notice at least 30 days prior to the proposed date of termination if all of the following apply:
(1) The dwelling or unit is alienable separate from the title to any other dwelling unit.
(2) The owner has contracted to sell the dwelling or unit to a bona fide purchaser for value, and has established an escrow with a title insurer or an underwritten title company, as defined in Sections 12340.4 and 12340.5 of the Insurance Code, respectively, a licensed escrow agent, as defined in Sections 17004 and 17200 of the Financial Code, or a licensed real estate broker, as defined in Section 10131 of the Business and Professions Code.
(3) The purchaser is a natural person or persons.
(4) The notice is given no more than 120 days after the escrow has been established.
(5) Notice was not previously given to the tenant pursuant to this section.
(6) The purchaser in good faith intends to reside in the property for at least one full year after the termination of the tenancy.
(e) After an owner has given notice of his or her intention to terminate the tenancy pursuant to this section, a tenant may also give notice of his or her intention to terminate the tenancy pursuant to this section, provided that the tenant’s notice is for a period at least as long as the term of the periodic tenancy and the proposed date of termination occurs before the owner’s proposed date of termination.
(f) The notices required by this section shall be given in the manner prescribed in Section 1162 of the Code of Civil Procedure or by sending a copy by certified or registered mail.
(g) This section may not be construed to affect the authority of a public entity that otherwise exists to regulate or monitor the basis for eviction.
(h) Any notice given by an owner pursuant to this section shall contain, in substantially the same form, the following:
“State law permits former tenants to reclaim abandoned personal property left at the former address of the tenant, subject to certain conditions. You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed. In general, these costs will be lower the sooner you contact your former landlord after being notified that property belonging to you was left behind after you moved out.”

California Tenant Protection Act of 2019 (A.B. 1482)
The full text of the Act is available online via the California legislature at https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB1482.

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