Evicting a tenant in California is a legal process governed by strict rules. Even when a tenant fails to pay rent or breaches the lease, a landlord must follow specific steps to regain possession. Working with an eviction lawyer can help ensure your case complies with state and local law.
**Step 1: Give the Tenant Proper Notice.** Before a landlord can file an eviction (unlawful detainer) case, the tenant must receive a written notice telling them to correct the problem or move out. Depending on the situation, this notice may be a 3‑Day Notice to Pay Rent or Quit, a 3‑Day Notice to Cure (fix the lease violation), or a 30‑, 60‑, or 90‑day notice. If the tenant does not do what the notice requires, the landlord can start a court case.
**Step 2: File an Unlawful Detainer Case.** If the tenant ignores the notice, the landlord must file an unlawful detainer (UD) complaint in the appropriate superior court. The landlord (or their eviction lawyer) prepares forms, pays filing fees, and has the tenant served with a Summons and Complaint. The tenant generally has a short time to file an answer.
**Step 3: Request a Court Date or Default Judgment.** If the tenant files an answer, the landlord can request a trial date; if the tenant doesn’t respond, the landlord can request a default judgment. In either case, the court will schedule a hearing where the judge will decide whether the landlord has a right to possession.
**Step 4: Attend the Hearing.** At the hearing, the landlord must present evidence of the notice and lease violations. An eviction lawyer can represent you and ensure all documents are properly presented. If the landlord wins, the judge will enter a judgment for possession.
**Step 5: Enforce the Judgment.** After winning the case, the landlord obtains a Writ of Possession. This legal document authorizes the sheriff to remove the tenant if they still refuse to leave. From serving the notice to getting a judge’s decision, the eviction process typically takes 30 to 45 days or longer, so landlords should plan accordingly.
Every eviction case is unique, and mistakes can be costly. Consulting an experienced eviction lawyer can help you avoid procedural errors, file the correct notices, and speed up the process.