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The California Eviction Process: A Guide for Property Owners

The California Eviction Process: A Guide for Property Owners

Evictions. This can be a tenant's worst nightmare, especially if they are behind on their rent. In 2021, over 36,000 tenants in California received eviction notices.

As a landlord, this may be the course you want to take for some troublesome tenants. However, evicting tenants is not that simple in California.

What do you need to know about the California eviction process? This is your guide.

Legitimate Reason to Evict

Before you can start this process, you need to make sure that you have a legal reason to can evict a tenant. You can't just evict a tenant because you don't like them, so you have to make sure they violate a legal obligation before starting this process.

Ways they can do this are by falling behind on rent, damaging the property to the extent that it is devalued, engaging in illegal activities, and more.

Giving Notice

If you determine that you have legal grounds to evict a tenant, you then have to give them written notice. Tenants have the right to a warning if you wish to evict them, so you can't just decide to kick them out one day.

In most cases, this requires at least 30 days' notice. However, it can be longer, depending on your given situation. From there, your tenant will have the option to contest this notice in a court of law.

Going to Court

The next step of the process involves going to court and explaining both sides of the story. A landlord and a tenant will each get the opportunity to present their case in front of a judge on why a tenant should or should not be evicted.

However, one important thing to know is that this case can go to court with our without the tenant's consent.

Let's say that a tenant receives a written notice and then ignores it. A landlord can legally go to court if the tenant fails to respond to the notice and then present their case in front of a judge.

Judge's Ruling

Finally, once this case gets heard in front of a judge, that judge will then make their ruling. If they rule in favor of the tenant, the landlord is pretty much stuck with them as a tenant.

However, if the judge rules in favor of the landlord, they can then start the formal eviction process. In this situation, judges typically give tenants five days' notice to vacate the premises. If they fail to do so, then they will be removed by force.

On top of this, a judge may even rule that a tenant owes a certain amount of money to the landlord.

Learn More About the California Eviction Process

These are the basic things that you need to know about the California eviction process. Make sure that you have a legitimate reason to evict someone, give a tenant the appropriate notice, prepare for a court case, and accept the judge's ruling.

Do you want to know more about the eviction process? Message us today with your questions.