A Guide to the Eviction Process in Yuba, California

Key Takeaways

• California landlords can only evict tenants for legal reasons and must follow strict tenant rights law and written notice requirements.
• Eviction can takes 5–8 weeks and requires multiple legal steps, eviction notice, and court papers.
• Strong screening and professional management help reduce costly evictions.

Evictions are also called unlawful detainer complaints and lawsuits, but describe the same process, which is one of the least pleasant aspects of owning a rental for most landlords.

No matter how meticulous you are in your tenant-screening system, you may have tenants who break the rental agreement. So what do you do if that happens and you have to evict?

If you're not careful and violate any tenant rights with the eviction process in California, you may be saddled with fines, on top of attorney fees and time in court, if the judge decides in favor of the tenant.

This blog by Heritage Property Management Services will give you all the guidance you need to evict tenants legally within the unlawful detainer process.

Grounds for Evicting a Tenant

According to California housing laws , it is illegal to evict without cause, and doing so will ensure that the judge will rule that the tenant wins, leaving you with legal fees, fines, and wasted time in court. There are government agencies dedicated to upholding tenant rights, and they are not to be trifled with when it comes to eviction.

In these unlawful detainer complaints, the Code of Civil Procedure governs how the process works. The legal grounds for starting the California eviction process against a tenant include:

Nonpayment of Rent

California landlords can absolutely file for eviction for nonpayment of rent. For most rental units (unless the lease says otherwise), rent is due at the beginning of every month. Rent is considered late if it is not paid by the day immediately following the due date.

Landlords in California can issue a 3-day written notice if the tenant doesn't pay rent on time. Tenants have the option to pay back rent within the notice period or move out. Landlords don't have to give residents a payment grace period if the lease terms don't require it.

No Lease or Expiration of Lease

Landlords in California can action an eviction lawsuit on a tenant if they don't have a lease or the lease term has ended, but the tenant remains in the premises.

If the lease was for less than 1 year or the tenant fails to have a lease, the landlord must give them a 30-day notice. For tenants with a lease of 1 year or more, the landlord will serve a 60-day notice for the unlawful detainer procedure

Violating the Lease Terms

Landlords have a right to hold security deposits and even evict a tenant if they break the lease by failing to maintain the premises in a clean and sanitary condition, misuse the rental's utilities or fixtures, cause minor damage, deny the landlord access to the rental, etc. For lease violations in California, landlords can serve a 3-day notice, and escalate to unlawful detainer if the violation is not remedied.

Criminal Activity

Illegal tenant activities in California include engaging in/promoting prostitution, use of firearms/deadly weapons, constituting criminal nuisance, use/sales/manufacture of illegal drugs, causing serious damage to the premises, issuance of criminal threats, etc. For unlawful detainer complaints in this case, landlords may issue a 3-day notice if these apply.

The Eviction Process in California

Eviction processes in the California court system are done through what's called the unlawful detainer process. It is important to follow the right steps in the California eviction process to make sure you're complying with laws like the Tenant Protection Act and the FHA.

Step 1: Landlord Serves Tenant Notice

If you have problems with a California tenant and intend to initiate legal action to evict them from the property, the law requires you to inform them with notice in writing. This is called “giving right notice.” You may only begin the eviction process after this is done.

In California a written eviction notice must be delivered by hand to the tenant or, if they are absent, to a person of suitable age at the residence or their usual place of business. If all attempts at notice hand delivery fail, the notice can be mailed to the tenant's residence or posted in a conspicuous place on the premises.

Depending on your reasons for wanting to evict the tenant and the type of lease, you may issue a 3-day notice, 30-day notice, or 60-day notice.

Step 2: Landlord Files Lawsuit

At the end of the notice period, if the tenant is still on the premises and the issue has not been resolved, you may begin the eviction process by filing a complaint at the superior court.

The court must be in the jurisdiction where the premises are located. To properly file an unlawful detainer suit, the landlord must provide to the court documents regarding landlord contact details, the rental property address, details of the rental agreement, grounds for an eviction lawsuit, the type of notice served with the date of service, plus delivery method, among other details.

Backing documents may be required. Just what amount of information the landlord is expected to provide often depends on the court.

Step 3: Court Serves Tenant

Within 60 days of filing the eviction lawsuit, the landlord must ensure that the tenant is served with notice of summons and complaint.

This does not have to be done by the landlord or their attorney. It can be done by anyone, as long as they are 18 years or older. However, the law states an individual who serves the tenant with eviction summons must complete a Proof of Service of Summons form at the court.

The eviction summons and complaint must be given to the tenant in person, be posted in a conspicuous place on the premises, or a copy can be left with the person in charge at the tenant's place of work during normal business hours, and a copy mailed to the tenant by first-class mail.

Step 4: Tenant’s Formal Answer Is Filed

California tenants do not have to file a formal written answer to an unlawful detainer or eviction complaint. But if the tenant chooses to challenge the eviction, they must file an answer within 10 days (not counting Saturdays, Sundays or judicial holidays) of receiving the summons and complaint, or 15 days if they were served by mail.

If the California tenant does not file a response to the eviction complaint, the landlord can ask for a default judgment with an immediate order of possession.

If this happens, there will be no need for an unlawful detainer court hearing or trial, and the tenant will not get a chance to make their case in the legal process for why they should remain on the California premises. If the tenant responds, the landlord will ask the court to set a hearing date for the eviction case.

Step 5: Court Holds a Hearing and Issues Judgment

The eviction case hearing/trial date will be scheduled a maximum of 20 days from when a California landlord files for a hearing.

To better operate the unlawful detainer procedure, Landlords and tenants can either be provided with free legal services if necessary or retain a private attorney.

The landlord must present the following court papers to the court: a copy of the lease, a copy of the proper notice to quit, the complaint, and any evidence to prove their case. If the court rules on the trial date that the landlord wins, a writ of execution will be issued, and the unlawful detainer lawsuit will go ahead.

Tenants may file an appeal to the unlawful detainer lawsuit, but that court process will not stop the eviction process. A tenant may only stop an eviction case by requesting a stay of execution.

Step 6: Writ of Execution Issued

This process of the California eviction court case is the tenant's final notice to vacate the property after the trial.

It gives them a chance to take their personal property and vacate of their own accord and instead of being forcibly removed by the sheriff. Remember that only the sheriff can do this part of physically removing the tenant. At this point a wise landlord would change locks and assess the security of their property to prevent possible reprisal.

The tenant has 5 days to vacate after they have been served with a writ of execution. If the tenant requests a stay of execution, they may delay the eviction for another 40 days, that is, if the judge decides to grant the request.

Conclusion

This entire unlawful detainer situation, from notice to court case to eviction, takes anywhere from 5 weeks to 8 weeks, and in that time, you will not make any money from your California real estate, and may be spending more money on the trial. This is why it is crucial to put measures in place to minimize the risk of evictions in your rental.

If you have specific questions, hire the services of a qualified State attorney. Alternatively, seek help from a knowledgeable real estate management company like Heritage Property Management Services .

Disclaimer: This blog should not be used as a substitute for legal help or advice from a licensed public or private attorney in your state. Laws frequently change, and this post might not be updated at the time of your reading. Please contact us for any questions you have in regards to this content or any other aspect of your real estate management needs.