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Steps in the evictions of residential tenants in California

On Behalf of | May 17, 2022 | Real Estate Litigation

Most landlords hope that each tenant they lease property to will abide by the lease and pay their rental payments on time. While there are very responsible renters who will do this, there are often irresponsible ones who end up having to be evicted. 

Landlords in California can’t evict tenants just because they feel like it. Instead, there are some very pointed reasons why a person can be evicted. These include things like breaking the lease terms, failing to pay rental payments, and illegal activities. Others are also present. 

What’s the eviction process like in California?

The eviction process in this state isn’t quick. On average, it takes five to eight weeks to get someone out of a property. That time frame can be prolonged for a variety of reasons, so landlords should be prepared for a long-term battle to get their property back in their possession. 

There are six general steps that occur during the eviction process. The tenant can stop this at any time by vacating the property:

  1. Notice is given to the tenant to fix the problem or leave the property
  2. A complaint is filed by the landlord in the county court if the tenant doesn’t leave or fix the problem
  3. Service of the Summons & Complaint to the tenant
  4. A motion is filed by the landlord for judgment; however, the tenant can contest the eviction during this step
  5. Court grants eviction then Writ of Execution is posted at the home
  6. The sheriff’s office completes the eviction and returns the property to the landlord

It’s imperative that all landlords understand their rights, but they can’t neglect to learn about tenants’ rights. All of these work together to create situations that are beneficial to both parties while protecting them both. If an eviction is necessary, the landlord must ensure they follow the exact process to get the tenant out of the home.