In California an eviction is done through the filing of a lawsuit known as an unlawful detainer, sometimes simply referred to as a “UD”. A landlord may not evict a tenant by physically removing the tenant or their belongings, and they may not remove doors or windows or have the tenant’s utilities turned off.
NOTICE
The process starts with a landlord issuing a notice to the tenant informing them that their tenancy is going to end after a fixed period of time, such as 30 or 60 days, or that the lease will terminate if the tenant does not do what they were supposed to do under the lease, such as pay rent, remove animals from the property, acquire rental insurance, etc. The amount of time the landlord must give the tenant to move out is determined by law and depends on the type of notice and sometimes how long the tenant has lived at the property. Other rules, such as the Tenant Protection Act, provide additional protections for tenants and can prohibit the issuance of notices under certain circumstances, require the landlord to provide a legally valid reason to terminate the tenancy, or require the landlord to provide relocation assistance to the tenant. Any defect in the notice, such as failing to include certain language required by law, will render the notice invalid and require the landlord to serve an entirely new notice, resetting the time the tenant has to move out.
COMPLAINT
After the time on a legally valid notice expires, the tenant’s right to remain in the property has terminated and the landlord can proceed with the filing of the eviction lawsuit. The landlord must properly file the paperwork with the court and properly serve the tenant with the paperwork so that the tenant has an opportunity to respond to the complaint through the filing of an answer. As of January 1, 2025, the tenant has ten days to file an answer to the complaint or risk the landlord getting a judgment against the tenant without a trial.
TRIAL
If both sides have filed their paperwork, and the case is ready for trial, one of the parties can request that the court set the matter for a trial, which the court must do within 20 days of the date of the request. At trial, after attempting to have the parties resolve the dispute amongst themselves, a trial will be conducted to allow the court to determine whether the landlord has the right to have the removed from the property. Both sides will have the opportunity to provide evidence and produce witnesses to support their side of the story. The introduction of the evidence and the presentation of witnesses are done in accordance with the rules of civil procedure as well as the court's rules. A party who represents themselves is expected to follow the rules the same as any attorney would. If the landlord prevails, the court will issue a judgment against the tenant and will eventually issue an order authorizing the sheriff to remove the tenant from the property.
PROTECT YOUR HOME AND YOUR INVESTMENT - HIRE AN ATTORNEY
While the process may seem simple at a glance, the laws and rules that govern evictions have changed drastically over the last five years and are frequently amended. New laws took affecting landlords and tenants took effect January 01, 2025, and another set is scheduled to take effect on April 01, 2025. Tenants have numerous new protections that previously did not exist, creating new rights for tenants, and new pitfalls for landlords who are not aware of the new restrictions and procedures. Now more than ever, whether you are a landlord or a tenant, it is important to have legal representation to protect your interests.
Legal Disclaimer: The information provided on this website is designed to provide useful information and background materials about Modern Legal PC. The information provided is not intended to and does not constitute legal advice and does not create an attorney-client relationship between you and Modern Legal PC. For legal advice, you should consult with an attorney familiar with your circumstances and seek the advice of counsel in the appropriate jurisdiction.
Comments