If you're thinking about evicting a tenant in California, you’ll first need a valid reason. The most common reasons to evict a tenant are failure to pay, damage to property, or violation of the lease or rental agreement.

In California, you may also evict a tenant if:

  • The tenant stays after the lease is up, or
  • The landlord terminates the rental or lease agreement by giving proper notice

If your situation meets the above criteria, you may be able to evict your tenant. But, if you’ve never had a problem with the tenant or if you simply don’t want to go through the court process, you should think about hiring a mediator or solving the problem yourself first. No matter what happens in the mediation process, you can always evict a tenant in California through afterwards.

If you want to start the process of evicting a tenant in California, here are some steps you can take:

  • Serve your tenant an eviction notice: Generally, this will contain the reason -- such as late payment -- and the time you’re giving the tenant to remedy the offense -- such as ten days. (Note that if the notice is without cause -- such as a 30-day notice to move out of a month-to-month tenancy, you may file an eviction lawsuit as soon as the notice period ends)
  • If your tenant remedies the problem, you no longer have cause for eviction
  • If your tenant does not remedy the problem within the time provided, you may file an “Unlawful Detainer” lawsuit

An “unlawful detainer” lawsuit is what California calls an eviction lawsuit. Once you file, this is what you should expect:

  • The process should take about one month
  • The tenant has five days to respond after being served with your complaint
  • The court will then schedule a trial within 20 days of your request
  • The trial usually takes about an hour

If you win, the tenant will generally be given 5 days to vacate, though this depends of how fast the sheriff posts the lock-out order. This order actually allows the sheriff to physically lock the tenant out of his or her home.

Evicting a tenant in California can be complicated and it’s never a bad idea to speak with a real estate attorney. You should especially consider doing this if your situation meets any of the following conditions:

  • If the tenant works for you and lives on the property: If you’re employing the tenant and, as a condition of this employment, the tenant does not pay rent, you can usually file a lawsuit once the tenant no longer works for you. (The tenant can either be fired or can quit)
  • If the tenant lives in a residential hotel: If the tenant lives in a hotel with more than six rooms for more than 30 days and the hotel is the tenant’s primary residence, they will usually be granted the rights of a regular tenant
  • If the tenant lives in a mobile home or RV park: This varies significantly between counties and it’s highly recommended you contact your local superior court or a real estate attorney
  • If there is a foreclosure on a rental unit: A tenant living in a unit that has been foreclosed upon can generally NOT be evicted when that property is purchased by a new owner. There are many scenarios present here, however, and contacting a lawyer is a good idea

As you can see, evicting a tenant in California can be complicated. But an eviction notice is generally a necessity. Look at a sample eviction notice now or start your own by clicking below.