California Eviction Process

California Eviction Process

The California eviction process is a system designed to help protect landlords and their tenants. It helps to ensure that landlords are able to remove a tenant, but requires them to do so lawfully. The process has several required steps to follow, such as serving a three-day notice and obtaining a court judgment, that a landlord can use as a guide to remove someone from their rental property in compliance with California law.

At Tierney Law Group, P.C., we are proud to help guide our landlord clients through the complexities of the California eviction process. We supervise the entire process to ensure that our clients remain compliant with state laws and prevent anyone from taking advantage of their own rights as a landlord. We understand how emotionally distressing it can be to evict someone from a property, which is why we stand by our clients the entire time to help take on the legal burdens.

How Does the California Eviction Process Work?

There are many different paths the California eviction process can take, depending on the circumstances of the specific eviction and how both the tenant and landlord behave in each step.

These steps include:

Filing the Complaint

The California eviction process starts when a landlord files an official complaint against their tenant. This typically happens when a tenant either has not paid their rent, has violated a specific clause of their lease, or their lease has finished but they have refused to vacate the property. This official complaint letter outlines the exact reason for the eviction and is the first step a landlord should take to try to regain possession of their property. This initiates the legal proceedings.

Tenant Disputes the Eviction

After a tenant has been notified the complaint has been filed, they have the right to challenge the eviction request by raising their own formal dispute. To do this, the tenant will need to file a motion to nullify the summons and argue that the eviction is not just and should not proceed. In this response, the tenant may claim that the landlord did not give them proper notice to evict the property or that they are being retaliated against.

Court Hearing and Outcome

When the dispute makes its way to court, a judge will take time to evaluate all of the evidence being presented by the landlord and tenant. The outcome of this hearing will determine the next steps in the eviction process. If the judge decides that the landlord does not have enough merit to evict their tenant, the tenant will be able to stay in the property. They also may be able to obtain compensation for their legal expenses.

Trial and Eviction

If the tenant loses their court hearing, the eviction process will advance to a trial. During this time, both the landlord and tenant will have the opportunity to present their case and evidence in more detail. If the tenant loses at this stage in the procedure, the court will issue an official order for eviction. This is a legally binding decision, which means that if a tenant fails to comply, law enforcement will get involved.

Resolution Through Payment

If the eviction case was triggered by a tenant not paying their rent, the landlord will serve a three-day notice to notify the tenant that consequences will be issued for the overdue rent. If the tenant is able to pay the money they owe within the three-day window, the matter will be resolved. However, if they are unable to satisfy the outstanding balance within this period, the landlord will then have the authority to move forward with filing a motion to evict the tenant.

FAQs

Q: How Long Does Evicting a Tenant Take in California?

A: The eviction process will vary in length depending on the circumstances that are fueling the eviction case and how it proceeds. If the tenant does not challenge the merits of the eviction, the process will be resolved much faster than when a tenant feels they are being unlawfully evicted and will want to have the disputes evaluated in court. If there are any procedural errors or a busy court schedule, this could also delay the timeline of how fast a tenant is evicted.

Q: Do I Have 30 Days to Move After an Eviction in California?

A: If the court has ruled that a landlord’s request to evict their tenant is valid, the tenant will have much less than thirty days to move out. In some cases, the tenant is provided three days upon receiving their notice. If the tenant refuses to leave within this requested time period, local law enforcement will likely be called upon to enter the property and remove the tenant. To avoid being forcefully removed, tenants should keep a close eye on all eviction communications.

Q: Can a Tenant Fight an Eviction in California?

A: Yes, all tenants have the legal right to fight an eviction notice as long as they have evidence that suggests the landlord is engaging in unlawful behavior. For example, they could share the eviction communications with the court to show how they were improperly notified or share photographs to prove the landlord failed to make the unit livable. If this is enough evidence for the court to grant the tenant a win, they will be able to stay in the property.

Q: How Could Discrimination Play a Role in Evictions?

A: Sometimes, evidence of discrimination is uncovered in eviction cases, where a tenant is unlawfully targeted or mistreated based on protected characteristics such as race, religion, gender, or disability. For example, a landlord might only choose to evict unpaid tenants of a certain race rather than treat all of their unpaid tenants the same. Making a case for discrimination in eviction court can help keep the tenant in their property.

Contact Tierney Law Group, P.C. Today

If you have found yourself in the middle of the California eviction process and are looking for legal assistance, contact the team at Tierney Law Group, P.C. today. We are well-versed in the nuances of real estate and eviction law and would be honored to apply our legal knowledge and experience to help your case. Contact us today to begin.