How to Legally Evict a Tenant in California
California maintains some of the nation's most tenant-protective laws, creating a challenging environment for property owners who need to regain possession of their units. Recent legislative changes, effective in 2025, have further modified eviction timelines, making current knowledge crucial for achieving successful outcomes.
The eviction process requires absolute precision in documentation, timing, and legal compliance. A single procedural error can invalidate months of work and incur thousands of dollars in legal fees, forcing landlords to restart the entire process. These stakes make professional expertise particularly valuable in California's demanding regulatory environment.
At Park Glen Management (PGM), we handle eviction proceedings as a core component of our comprehensive property management services. Our systematic approach, developed through hundreds of successful cases, protects property owners while ensuring full compliance with California's complex eviction statutes.
PGM is run by a trained real estate attorney, and we bring a unique depth of legal expertise to every eviction case, ensuring we are exceptionally well-equipped to navigate the intricacies of the law, minimize risks, and achieve the best possible outcomes for our clients.
Reasons for eviction in California
California law establishes specific grounds for terminating tenancies and pursuing eviction through the courts. These legal foundations must be clearly established and properly documented before any eviction proceeding can succeed.
Non-payment of rent
Non-payment represents the most straightforward and common basis for eviction in California. When tenants fail to pay rent according to their lease terms, landlords can serve a 3-Day Notice to Pay Rent or Quit, providing tenants with exactly three business days to either pay the full amount owed or vacate the property.
The notice must contain precise language to be legally valid. Required elements include the exact dollar amount due, specific instructions for making payment, identification of the person authorized to receive payment, and the address where payment should be delivered. Any mathematical errors, unclear language, or missing information can render the notice invalid.
Courts scrutinize these notices carefully, as tenants frequently challenge them as a primary defense strategy. The notice cannot include charges beyond actual rent, such as late fees, utilities, or other costs, unless the lease specifically defines these items as additional rent.
Park Glen Management prepares all payment notices with meticulous attention to these requirements, ensuring that our clients' eviction proceedings begin on solid legal ground. Our standardized procedures eliminate common errors that derail cases in their initial stages.
Read more: What is the difference between a tenant and an occupant?
Lease violations
Breach of lease terms provides another substantial foundation for eviction proceedings. These violations encompass a wide range of tenant behaviors that conflict with the agreed-upon lease provisions, including unauthorized pets, excessive noise, subletting without permission, and causing property damage.
California law distinguishes between curable and incurable lease violations, requiring different notice procedures for each category. Curable violations allow tenants an opportunity to correct their behavior, while incurable violations justify immediate termination of the tenancy.
Curable violations
For violations that tenants can reasonably correct, landlords must serve a 3-Day Notice to Perform Covenant or Quit. This notice identifies the specific lease provision being violated and provides three days for the tenant to remedy the situation or face eviction.
Common curable violations include unauthorized occupants, prohibited pets, unapproved alterations to the property, parking violations, or conduct that disturbs other tenants. The key requirement is that the violation can be realistically corrected within the three-day period.
Incurable violations
Serious violations that cannot be corrected warrant service of an unconditional 3-Day Notice to Quit. This notice provides no opportunity for the tenant to remedy the situation and demands vacation within three days.
Incurable violations typically involve illegal activities, significant property damage, or behaviors that threaten the safety and welfare of other residents. Examples include drug manufacturing or sales, criminal activity that endangers others, major property destruction, or repeated violations of the same lease provision after previous notices.
❗ The determination of whether a violation is curable or incurable requires careful legal analysis. Courts examine both the nature of the violation and the practical possibility of correction when evaluating notice validity.
Owner move-in and property changes
California's Tenant Protection Act significantly restricts no-fault evictions, but property owners retain the right to reclaim units under specific circumstances. These situations require different notice periods and must satisfy additional legal requirements.
Owner move-In
Property owners can terminate tenancies to move into units themselves or provide housing for immediate family members. This process requires service of a 30-day or 60-day notice, depending on the length of the tenancy, along with specific declarations about intended occupancy.
The law requires owners to actually occupy the unit for at least one year after eviction, with financial penalties for fraudulent owner move-in claims. Documentation of genuine intent becomes crucial, as tenants frequently challenge these evictions in court.
Major renovations
Substantial remodeling that requires vacant possession allows for tenant removal, provided the work genuinely necessitates vacancy and proper building permits are obtained. The scope of renovations must be extensive enough to justify displacement rather than minor repairs or cosmetic improvements.
Conversion or removal from rental market (The Ellis Act)
Converting rental units to condominiums or permanently removing them from the rental market provides grounds for eviction, subject to local conversion regulations and tenant relocation assistance requirements. This is primarily governed by the Ellis Act (California Government Code Sections 7060-7060.7). The Ellis Act is a state law that grants landlords the right to exit the rental housing business. If a landlord chooses to invoke the Ellis Act, they must withdraw all rental units in a building from the market.
These no-fault evictions often trigger additional obligations, including relocation assistance payments and right-of-first-refusal provisions if units return to the rental market within specified timeframes.
Recent legislative updates
California continues evolving its eviction statutes, with recent changes affecting both grounds for eviction and procedural requirements. In 2024, the state prohibited local governments from encouraging or requiring evictions based on alleged arrests or unlawful conduct of household members who are not tenants on the lease.
This change prevents discrimination based on allegations of criminal activity rather than proven violations, requiring landlords to focus on actual lease breaches and documented problems rather than association with alleged criminal activity.
Understanding these evolving requirements demands ongoing attention to legislative changes and court interpretations. Park Glen Management maintains current knowledge of all statutory updates, ensuring our clients' eviction proceedings comply with the most recent legal standards.
How to evict someone from your property
❗ The California eviction process follows a rigid legal sequence that must be completed with absolute accuracy. Each step builds upon the previous one, and errors at any stage can require restarting the entire process, resulting in the loss of valuable time and money.
Step 1: Serve proper notice
All evictions begin with serving appropriate written notice to tenants as required by California's strict service requirements. The type of notice depends on the specific reason for eviction, and each notice type carries different requirements and waiting periods.
Notice preparation requirements
Every eviction notice must be in writing, specify the exact reason for termination, provide lawful cure periods where applicable, and include precise legal language required by California statutes. Generic forms downloaded from the internet often contain errors or outdated language that can invalidate proceedings.
The notice must identify all tenants by name, accurately describe the property, and state the specific lease provisions being violated or the legal grounds for termination. Arithmetic calculations, particularly for unpaid rent amounts, must be completely accurate.
Service methods
California law establishes specific methods for serving eviction notices, and proper service forms the foundation of any successful eviction case. Acceptable service methods include personal service directly to the tenant, substituted service to another adult resident at the property, or posting and mailing (aka “Nail and Mail”) when personal service proves impossible after reasonable attempts.
Personal service requires handing the notice directly to the tenant and providing a verbal explanation of its contents.
Substituted service involves delivering the notice to another competent adult at the residence, usually by a process server, followed by mailing a copy to the tenant.
Posting and mailing require documentation of attempted personal and substituted service first, then securely posting the notice in a conspicuous location and mailing a copy.
Each service method requires specific documentation and proof of service declarations that become crucial evidence if the case proceeds to court. Tenants frequently challenge service as a primary defense, making thorough documentation essential.
Step 2: Wait for notice period expiration (also known as a "Notice to Quit")
After serving notice, landlords must wait for the specified period to expire completely before taking any further legal action. The waiting period varies by notice type and must be calculated according to California law.
Three-day notices require three full business days, excluding weekends, court holidays, and the day of service. Thirty-day and sixty-day notices require the full calendar period from the date of service. Any action taken before the notice period expires invalidates the entire proceeding.
During this waiting period, tenants retain the right to cure any applicable violations or vacate voluntarily. Landlords cannot accept partial payments or negotiate modifications without potentially waiving their right to proceed with eviction.
Step 3: File unlawful detainer lawsuit
If tenants fail to comply with the notice requirements, landlords can file an unlawful detainer lawsuit in the relevant California superior court. This legal action begins the formal eviction process and requires completing specific court forms with detailed information about the tenancy and grounds for eviction.
Required documents typically include the Complaint for Unlawful Detainer, summons, Civil Case Cover Sheet, and proof of service of the original notice. Each document must be completed accurately and filed, along with the required court fees to initiate the case.
The complaint must allege specific facts supporting each element of the eviction claim, including the landlord-tenant relationship, proper notice service, tenant default, and damages sought. Legal conclusions without factual support can result in case dismissal.
Step 4: Serve summons and complaint
Once the initial notice period has elapsed, and if the tenant fails to act, the court issues a summons that must be properly served on all tenants named in the lawsuit, along with the complaint. Professional process service ensures proper documentation and reduces the risk of successful service challenges by tenants.
The summons informs tenants of the legal action and their right to respond, while the complaint details the specific allegations and demands for relief. Service must follow the same strict requirements as notice service, with similar documentation requirements. Step 1 can be described as a warning of potential eviction, allowing the possibility to remedy the situation, while Step 4 is considered an official court document communicating that a lawsuit has been brought against a tenant.
Step 5: Tenant response period
Effective January 1, 2025, Assembly Bill 2347 extended the tenant response period from five business days to ten business days after service of the summons and complaint. This legislative change adds approximately one week to eviction timelines and requires landlords to adjust their planning accordingly.
Tenants have these ten judicial days (excluding weekends and court holidays) to file their written response to the eviction complaint. The response typically takes the form of an answer that admits or denies each allegation in the complaint and raises any available defenses.
Common tenant defenses include challenges to the validity of the notice, service defects, claims of retaliatory eviction, habitability issues, and allegations of discrimination. These defenses can significantly complicate proceedings and extend timelines.
Step 6: Default judgment or trial preparation
If tenants fail to respond within the required timeframe, landlords can request a default judgment from the court. Default judgments typically result in quicker resolution and lower legal costs, as they avoid trial proceedings entirely.
When tenants do file responses, cases proceed toward trial, where both parties present evidence and legal arguments. Trial preparation requires organizing documentation, identifying witnesses, and developing legal strategies to prove the eviction case.
Contested evictions involve discovery procedures, motion practice, and potentially lengthy trial proceedings that can extend cases for months. The complexity of contested cases underscores the value of professional legal representation and experienced case management.
Step 7: Judgment and Writ of Possession
Successful landlords receive court judgments for possession of the property and monetary damages, including unpaid rent, court costs, and attorney fees where applicable. The judgment provides the legal foundation for regaining physical possession of the property.
After obtaining judgment, landlords must request a Writ of Possession from the court, which directs the sheriff to remove tenants and restore possession to the landlord. Sheriff enforcement typically occurs within 5-15 days after the writ is issued, depending on local scheduling and workload.
The entire process from initial notice through final possession typically requires 6-12 weeks for uncontested cases and 3-6 months for contested proceedings, highlighting the importance of early professional intervention to minimize delays and complications.
Professional management advantage
Park Glen Management handles every aspect of the eviction process on behalf of property owners, removing the burden of legal compliance while ensuring optimal outcomes. Our comprehensive approach includes notice preparation, service coordination, court filing management, trial representation through our legal partnerships, and sheriff coordination for final possession.
This systematic management eliminates the learning curve and reduces errors that commonly derail self-managed evictions. Property owners benefit from our experience while maintaining distance from the stressful and time-consuming legal proceedings.
How long does a legal eviction take in California?
Understanding realistic eviction timeframes helps property owners make informed financial decisions and manage expectations during difficult tenant situations. Recent legislative changes have extended these timelines, making accurate planning more important than ever.
Uncontested eviction timeline
When tenants do not contest eviction proceedings, cases typically resolve within 30-50 days from initial notice service through final possession. However, variations in court scheduling and local procedures can extend even uncontested cases to 6-8 weeks in busy jurisdictions.
Typical uncontested progression:
Pre-eviction notice period: 3-60 days, depending on notice type
Case filing and service: 5-10 days (law requires service within 60 days)
Tenant response period: 10 business days (effective 2025)
Default judgment processing: 5-15 days
Writ of possession and sheriff enforcement: 5-15 days
The streamlined nature of uncontested cases makes them financially preferable for property owners, as they minimize legal costs and vacancy periods while providing predictable timelines for planning purposes.
Contested eviction timeline
When tenants retain attorneys and contest evictions, timelines extend significantly. Contested cases typically require 3-6 months from initial notice through final possession, with complex cases occasionally extending beyond six months.
Several factors contribute to extended contested timelines. Discovery procedures allow both parties to request documents and take depositions, adding weeks to the process. Motion practice involves legal challenges to various aspects of the case, requiring additional court hearings and briefing schedules.
Trial scheduling represents another significant delay factor, as California courts face substantial backlogs, particularly in urban areas like Sacramento. Some jurisdictions experience trial delays of several months due to court congestion and limited judicial resources.
Tenant legal representation substantially impacts timeline duration. Represented tenants typically file more sophisticated responses, raise complex legal defenses, and engage in extensive motion practice that prolongs proceedings considerably.
Impact of 2025 legislative changes
Assembly Bill 2347's extension of tenant response time from five to ten business days affects all eviction timelines. This change adds approximately one week to every case and requires landlords to adjust their financial planning accordingly.
The extended response period particularly impacts cash flow projections during evictions, marketing timelines for preparing vacant units, and holding costs for property owners. Landlords must now budget for longer vacancy periods and higher carrying costs during eviction proceedings.
Settlement negotiations may also be affected, as tenants have additional time to organize legal responses and develop defense strategies. Early intervention and professional case management become even more valuable given these extended timelines.
Professional management benefits
Park Glen Management's systematic eviction management typically reduces timelines through meticulous legal compliance, experienced attorney partnerships, and proactive case management. Our clients generally experience shorter eviction durations and more predictable outcomes compared to self-managed proceedings.
Our comprehensive approach includes strategic settlement negotiations when appropriate, thorough documentation that reduces successful challenges, and efficient coordination with courts and sheriffs to minimize delays. This professional management translates into lower total costs and faster possession recovery for property owners.
The PGM advantage
California's eviction process demands expertise, exactitude, and current knowledge of evolving legal requirements. The financial stakes are substantial: procedural errors can cost thousands in lost rent and legal fees, while successful execution protects property investments and maintains business viability.
Park Glen Management offers comprehensive eviction services that simplify the process for property owners, ensuring legal compliance and achieving optimal outcomes. Our systematic approach, legal partnerships, and extensive experience lead to faster resolutions and lower costs when eviction becomes necessary.
When tenant relationships deteriorate beyond repair, having experienced professionals managing the eviction process protects both immediate interests and long-term investment success. The cost of professional management typically proves minimal compared to the risks and expenses of procedural errors in self-managed evictions. Contact us to see how you can benefit from a strategic and streamlined approach to managing your investment properties.
Let's start a conversation about how Park Glen Management can protect your real estate investments.
📞 Call: (916) 269 - 9288
✉️ Email: hello@parkglenmanagement.com
🌐 Visit: www.parkglenmanagement.com