| The Law Office of Stanley D. Bowman | ||
| 700 N. Pacific Coast Highway Suite 202-A, Redondo Beach, CA 90277 | ||
| Telephone (310) 937-4529 Fax (310) 937-4440 | ||
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| Practice Specialty: Landlord Situations | ||
| What California Landlords Need to Know About Evictions | ||
| Evicting a tenant is never easy — but when it becomes necessary, California law requires landlords to follow a strict legal process. Whether the issue is unpaid rent, lease violations, or ending a tenancy, landlords must act carefully to avoid delays, penalties, or legal setbacks. | ||
| Legal Grounds for Eviction in California | ||
| Under California’s Tenant Protection Act (AB 1482) [pdf will open] and other housing laws, landlords must have a valid legal reason to evict a tenant — especially if the tenant has lived in the unit for 12 months or more. | ||
| Common “At-Fault” Grounds for an eviction | ||
| ✓ Nonpayment of rent | ||
| ✓ Lease violations for example: unauthorized occupants, pets, or damage | ||
| ✓ Illegal activity | ||
| ✓ Nuisance behavior | ||
| ✓ Refusal to sign a new lease with similar terms | ||
| “No-Fault” Grounds (Stricter Rules Apply) | ||
| ✓ Owner move-in | ||
| ✓ Withdrawal of the unit from the rental market | ||
| ✓ Substantial remodeling or demolition | ||
| ✓ Government orders related to health or safety | ||
| Starting in 2024, Senate Bill 567 added stricter rules for no-fault evictions, including: | ||
| ✓ Clear documentation of the reason for the eviction | ||
| ✓ Enhanced relocation assistance for tenants | ||
| Step-by-Step Eviction Process | ||
| Step 1: Serve Proper Notice. You must give the tenant written notice before filing in court. Common notices include: | ||
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• 3-Day Notice to Pay Rent or Quit • 3-Day Notice to Cure or Quit (for lease violations) • 30-Day or 60-Day Notice to Terminate Tenancy (for no-fault or end-of-lease cases) |
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Step 2: File an Unlawful Detainer Lawsuit • If the tenant doesn’t comply with the notice, you can file a court case to formally request eviction. |
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Step 3: Tenant Response • The tenant may respond and request a trial. If they don’t respond, you can ask for a default judgment. |
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Step 4: Court Hearing • A judge will hear both sides and decide whether the eviction is legal. |
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Step 5: Writ of Possession • If you win, the court issues a writ allowing the sheriff to remove the tenant after a 5-day notice period. |
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| Common Pitfalls to Avoid | ||
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✓ Improper Notice:
Using the wrong form or failing to serve it correctly can delay your case. |
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✓ Retaliatory Eviction:
You cannot evict a tenant for exercising legal rights (e.g., complaining about habitability). |
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✓ Discrimination: Evictions must comply with fair housing laws—no bias based on race, gender, disability, or family status. |
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✓ Local Ordinances: Cities like Los Angeles and San Francisco have additional tenant protections and rent control rules. |
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| Bottom Line | ||
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Eviction is a legal process — not a personal one. California law
protects tenants, but it also gives landlords clear tools to regain
possession of their property when justified. The key is to follow
the rules carefully and document everything. Talk to an attorney today. Eviction mistakes can be costly. Stan Bowman is a knowledgeable and experienced attorney who will help you serve proper notice, file correctly, and represent you in court if needed. Call the Redondo Beach office today at (310) 379-4529. |
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