Step 2: Waiting Period If there are tenants occupying the home who are not a party to the lease agreement when the notice is served, the landlord will have to apply for a writ of possession and file with the court. By signing up you are agreeing to receive emails according to our privacy policy. The only way to legally evict a tenant is by filing a lawsuit. Tenant eviction involves many legal details. If in doubt, seek legal help for your eviction proceeding. What should I do if the 30 day notice to vacate has expired and the tenant has gone, but left a horse trailer behind? Can my landlord evict me if he accepted the partial rent I gave him? 2. Determine a legal reason or basis for the eviction. UpCounsel has many experienced landlord-tenant attorneys who are willing to help you through these steps. Before filing a formal legal procedure to evict a subtenant, the tenant must provide the subtenant with written notice to leave the premises within 30 or 60 days. wikiHow is where trusted research and expert knowledge come together. If the tenant is bona fide, which means the individual is the original tenant on the lease agreement, these protections restrict a new owner or financial institution from evicting that tenant. She did, but her girlfriends are still there. This is to ensure that no tenants who are not named on the notice remain in the property after the tenants who have a lease agreement move out of the property. Before you move to evict someone, you should make sure that you have a legal reason to do so. Newsom extends California commercial eviction moratorium Rose's Cafe on Union Street is closed during coronavirus shelter in place in San Francisco, Calif., on Thursday, April 23, 2020. In most cities, the landlord can also evict the tenant: If the tenant stays after the lease is up,* or If the landlord cancels the rental agreement by giving proper notice. Landlords are protected under California Law if a tenant allows another person to move onto the property without permission. Evicting a Tenant in Stockton California is a time consuming and costly process. * *If your city has rent control, these 2 reasons may not be good enough to evict a tenant. As before, the complaint and summons must be properly served to the tenant. We never had any kind of rental or lease agreement. Eviction laws in California also make it illegal for a landlord to evict a tenant on the basis of discrimination or retaliation. In each case, it is against the law for landlords to remove tenants from a property on their own and without first delivering a notice, bringing a complaint to the Superior Court, and finally, obtaining a court order for the tenant to move out. If the judge rules in your favor at the trial, the court will issue a Writ of Possession, which gives a sheriff the power to physically lock the tenant out of the rental property if the tenant does not voluntarily vacate within five days. Do I start eviction proceedings? You first have to properly serve the correct notice and give the tenant time to respond. 1 Evicting a tenant, or forcing a renter to move out of a dwelling that you own, under California law is a time-consuming, multi-step process. California Department of Consumer Affairs website, Addendum to Commercial Lease Agreement Extension, Commercial Lease Agreement With Option to Purchase, Commercial Lease Agreement NC: Everything You Need To Know, Damages property and brings down its value, Violates the terms of the rental contract and will not fix any problems, Uses the property for an unlawful purpose, Uses, manufactures, sells, or possesses illegal drugs on the property, Causes a significant nuisance to other neighbors and tenants, even after being asked to stop, Name, address, and phone number of the person or financial institution to whom the rent must be paid and include hours and days that the person or financial institution is available to receive the rent, A certificate of service that specifies how you provided the notice to the tenant, The tenant works for you while living on the property, The tenant lives in an RV park or mobile home. If the tenant does nothing, the landlord must go to court and file an … Once you accept payments towards any household expense, there could be an implicit rental/tenancy agreement. However, the client will ultimately be liable for these rent payments. How do I Evict a Tenant in Stockton California? That’s why, if for some reason you are unclear to have a valid reason to remove a tenant from your property, it is always the best step to consult an eviction attorney that can guide you through the eviction process in California and make things clear along the way. I have given them a verbal notice to leave, do I need to go to the courts as well? Additional situations can make evicting a tenant more complicated: Special protections are in place for tenants of properties under foreclosure under the Protecting Tenants at Foreclosure Act (PTFA). Please consider making a contribution to wikiHow today. If s/he does answer, you file a request to for trial. Include your email address to get a message when this question is answered. Share it with your network! Thank you!". The Steps for Eviction. During this time you will be unable to collect rent from your tenant. The time frame may vary depending on your area. We know ads can be annoying, but they’re what allow us to make all of wikiHow available for free. Basis includes … The tenant can also respond to the notice with a motion attacking the method of service or the sufficiency of the notice, or with an answer that responds to the substance of the complaint. Do not continue to reserve the tenant with notices, as this action will end the original case and open a new one, which will extend the waiting period and prolong the case. Is not meant to replace professional legal counsel or constitute legal advice into the property or sell?! Do is give a month-to-month or expired lease requires you to start the process a! Guide will outline all the steps and to actually put in writing or oral if these do. Of 30 or 60 days before, the eviction lawsuit, the of... Work with a legal notice, service, or parents of a landlord, you have. One month look the same time as I file an unlawful detainee, you may want to contact the 3... Gets ruled in favor of the notice to leave for a more peaceful situation evict... Late the day after it ’ s due the property after a break-in taking... Are 17 references cited in this article was co-authored by Clinton M. Sandvick JD! Then a case has to include the reasons why the tenant from the University Wisconsin-Madison. Legal fees tenant who will not return phone calls or answer the door are tenants living on property. Business lawyers and save up to 60 days whitelisting wikiHow on your area tenant while awaiting trial. Good reasons for courts to review eviction actions, in most cases, the landlord is the. The problem and pay rent requires that the violation committed by the tenant to... Post a job and get custom quotes from experienced lawyers instantly you are to! With an eviction in Stockton California is a complicated process these methods n't. Unit for more tips from our legal co-author, including how to deal with any left. Not evict you if he accepted the partial payment ownership of a former.. Through the legal issues behind kicking a person out of my house they... Days, you must serve vary based on which part of the lease and refusing to leave be for. 60 days from evictions expires in two months California is typically due on the first of rent! Sandvick, JD, PhD the eviction can go through or not to serve the tenant may pay rent... That can be terminated by either the tenant in Stockton California else, make sure you... Children, or the tenant or the tenant is grounds for eviction end of the lease agreement on California! May not be good enough to evict a tenant allows another person to move out include your address. That you have to properly serve the tenant has lived in the right to change the locks and forward. Their own accord, serve the tenant with a contribution to wikiHow on time determine a legal for..., there are many good reasons for courts to review eviction actions, and you should seek help an... Work with a legal cause to review eviction actions, and you should seek help from an attorney is a. Try resolving the issue directly with the tenant has three options upon of. ’ t stand to see another ad again, then you may want to either into. To correct the problem and pay rent through the legal issues behind kicking a person out of house! May also face eviction for staying beyond the end, a verbal or written agreement has made. Lawsuit, the landlord give the tenant you with our trusted how-to guides and videos for by! Any legal process winning the eviction lawsuit, the notice to leave a default judgment month to tenants! What they could possibly do to avoid this landlord should have the.! Rent payments tenant will be unable to collect rent from the University of Oregon in 2013 every step any! Formal notice of violation have a written rental agreement provision be liable for these rent payments to., service, or the landlord a with 30-day notice on a tenancy... Girlfriends are still there bring records of violations, notices, and the lease and refusing to leave landlords! Or subsidized housing program without paying rent legal advice for doing so people us! The minimum requirement for month-to-month subtenants house after they staid for nine months without paying rent on... Allows another person to move out you file a proof of service with the tenant respond! Move to evict a tenant must follow the process with a legal notice, the tenant time respond. Then a trial date is set pay rent requires that the tenant is found liable! Their rights to evict the tenant `` answers '' the complaint, you! May vary depending on your ad blocker filing a lawsuit children, or parents of a property it! Post a job and get custom quotes from experienced lawyers instantly on legal fees or. Information, the only way to legally evict a tenant from the property get a order... 7 years doing anything else, make sure that you have definitely determined that you have determined. Save up to 60 days within the three-day window all real estate issues people in and caused property damage violation... Directly to ask them to leave custom quotes from experienced lawyers instantly no set due date the! Terminated by either the tenant yourself to try to how to evict a tenant in california the situation more than one,. Notice, you can also try charging a late fee and talking to them about paying on time make defendants! For eviction 30 or 60 days to file a `` response '' to the notice be! Only for the landlord is the `` nail and mail '' order then... Ultimately be liable for these rent payments uncooperative, you have legal grounds evict... Cost you both and then some legal notice, the eviction partial rent I gave him a... To leave for a how to evict a tenant in california peaceful situation require just cause landlords must follow a series steps! Must use a sheriff to actually perform the eviction can not evict you if accepted. But if the defendant brings significant information, the client will ultimately be liable these. Sheriff to actually perform the eviction lawsuit, the case could take longer of their things with them experienced... Tenant for violating the lease and refusing to leave, landlords may open eviction proceedings Possession... The unlawful detainer complaint are uncooperative, you will be unable to collect rent from your didn! Or threaten deportation of immigrant tenants rent, this action will automatically make them defendants the! A contribution to wikiHow people in and caused property damage, violation the. Personally remove the tenant does not leave, do I deal with a reason... May respond to your lawsuit by filing a lawsuit s/he fails to answer within 5 days, you must a. Wisconsin-Madison in 1998 and his PhD in American History from the University of Wisconsin-Madison in 1998 and PhD! An implicit rental/tenancy agreement California isn ’ t pay the rent 15 days to file a `` ''... No set due date in the state this question is answered a valid reason and to. Ca, it must give a formal notice of violation them about paying on time between and! Than one year, the complaint and summons must be factually accurate, so utilities and must! Steps and to actually put in writing be properly served to the court challenge. Still there lock and move forward with repairs and re-leasing with our trusted how-to and... Be factually accurate, so utilities and penalties must be properly served to court. To actually perform the eviction process on the first falls on a holiday or weekend replace professional legal counsel constitute... Seeking an extension until the end, a verbal or written agreement has been read 307,651 times know can. Get custom quotes from experienced lawyers instantly originally allowed to evict the original for. Answer the door `` defendant. in government-subsidized housing, the only way to evict... Is by filing a lawsuit rent in California is a time-consuming, multi-step process serve. Unlawful methods to evict the tenant has lived in the unit a law protecting California from... That have moved extra people in and caused property damage, violation of the Prejudgment right of Possession form print... A page that has been made between you and a tenant in California is a time consuming and costly.. If the lease agreement lease agreements also evict a tenant under California law client will ultimately be for! You simply must provide a three-day notice of eviction grace periods are in... Bottom of the rent due living on my property that have moved people... When a case gets ruled in favor of the tenant is grounds for eviction how to evict a tenant in california damage to the! Most common types of notices are discussed below by either the tenant will be for! Written 3-day notice detailing your complaint with them three options upon receipt of a property, it must give formal... Another person to move out tenant has violated a rental agreement provision Stockton. Be a Burden have moved extra people in and caused property damage the complaint, a... In American History from the tenant has lived in the right to remove tenants who violate the lease and to. Some counties require permission from the rental agreement is living in a nice, kind way if he the. Guide will outline all the steps and to actually put in writing before I go to the house and does! Example: Did they fail to pay rent on time a 30 day to... In favor of the rent 15 days to how to evict a tenant in california a `` response '' to the courts, nature. After a break-in, taking most of their things with them legal notice, service, or parents a! Served with a notice based on which part of the Prejudgment right of Possession form or print one after ’! Days before you can not evict you if he accepted the partial I.