A Guide to the Eviction Process in Roseville, CA

Key Takeaways

• - California takes eviction seriously—make sure you follow every step to avoid any legal mix-ups.
• - There’s no one-size-fits-all notice; whether it’s a three-day notice for missed rent or a 30/60-day notice for month-to-month situations, choose the right one for your case.
• - Maintaining detailed records and following the prescribed process can help address any challenges that may arise.
• - If the tenant does not comply, be prepared for a court process that may take 5–8 weeks or longer.

Are you looking to evict a tenant from your California rental property? Or, are you simply looking to familiarize yourself with the state’s tenant eviction process? Either way, this blog by RentPros has you covered! 

When a tenant signs a lease, they contractually agree to do certain things for the entire lease duration. Including:

• - Paying rent on time every month. 
• - Not causing negligent property damage. 
• - Using the rented premises for its intended purposes. 

But, some tenants, either intentionally or otherwise, choose not to abide by the terms of the lease. At that point, you may be left with no other option but to evict them from your rental property. 

But evicting a tenant isn’t simple. This is especially true if you’re dealing with a difficult tenant. You may have to obtain a court order to remove them, which could take you between 5 and 8 weeks to complete, if not longer!

Furthermore, you’ll need to strictly follow the tenant eviction process to be successful. One mistake could render the entire process null and void. At worst, it could even land you in legal trouble should the tenant sue you for illegal eviction.

What’s the Eviction Process in California? Here is a Guide

The following is a guide on the process you must follow for a successful tenant eviction in California. 

Notice for Lease Termination with Legal Cause

California law could allow landlords to evict tenants under specific legal circumstances. Some examples may include:

• - Nonpayment of rent: The tenant fails to pay rent on time.
• - Holding over after lease expiration: The tenant remains on the property after the lease term has ended and won’t vacate.
• - Lease violations: The tenant breaches a term of the lease agreement.

To proceed with an eviction, a landlord must serve the tenant with the appropriate eviction notice, based on the nature of the violation. Below are the main types of eviction notices used in California.

1. Eviction for Nonpayment of Rent

 The landlord must give a renter a Three-Day Notice to Pay Rent or Quit. This notice provides the tenant with two options: 

• - Pay the full amount of overdue rent within three business days.
• - Vacate the property.

A landlord can only issue this notice once the rent is officially late. California law does not require a mandatory grace period for rent payments unless the lease states otherwise. Typically, rent is due on the first of the month and considered late the following day.

2. Eviction for a Tenant Without a Lease or on a Month-to-Month Agreement

If a tenant does not have a lease or is renting on a month-to-month basis, the landlord must provide:

• - A 30-Day Notice to Vacate: Required if the tenant has rented the unit for less than one year.
• - A 60-Day Notice to Vacate: Required if the tenant has resided in the unit for one year or more.

If the tenant does not vacate by the end of the notice period, the landlord may be able to file for eviction in court.

3. Eviction for Lease Violations

If a tenant violates a term of the lease, the landlord must issue a Three-Day Notice to Cure or Quit. This notice gives the tenant two options:

• - Remedy (cure) the lease violation within three days.
• - Move out of the property.

Common lease violations include:

• - Failing to maintain sanitary conditions in the rental unit.
• - Causing damage to the property.
• - Denying the landlord lawful entry.

If the tenant does not correct the violation within three days, the landlord may be able to proceed with filing an eviction lawsuit.

4. Eviction for Illegal Activity or Repeat Lease Violations

For severe lease violations, such as illegal activity or repeated breaches of the lease, the landlord must serve a Three-Day Notice to Quit. Unlike other notices, this one is not curable—the tenant must move out within three days.

Under California law, illegal activities that may justify eviction include:

• - Drug-related offenses.
• - Causing substantial damage to the unit.

If the tenant does not vacate, the landlord may be able to initiate legal proceedings for eviction.

Serving a Tenant with an Eviction Notice in California 

Eviction notices in California, just like in most other states, need to be served to tenants in a certain legally-prescribed way. The following are the methods you must use. 

• - Hand delivery to the tenant at their rented premises or their usual place of business. 
• - Leaving a copy with a member of the household, plus delivering another copy by mail. You can only use this method if hand delivery fails. 
• - Posting a copy in a conspicuous place on the property, plus delivery by mail, plus leaving another copy with a member of the household if possible. 

Tenant Eviction Defenses in California 

An eviction defense is a reason the tenant may give to stall the eviction proceedings against them. That’s why it’s important that you strictly follow the due process before trying to evict a tenant. This will save you time, stress, and even money. 

The following are some defenses that can stop eviction proceedings against a tenant. 

• - The eviction notice was flawed. For instance, failed to mention the proper notice period as required by the California landlord-tenant law. 
• - The landlord used self-help eviction tactics to get the tenant to leave. For example, locked out the tenant or removed their personal belongings from the unit. 
• - The eviction was in retaliation after the tenant exercised a legal right, such as reporting a health issue to the local government office. 
• - The eviction was due to the tenant’s race, sex, color, or any other protected characteristic. 
• - The tenant fixed the violation within the notice period. 
• - The tenant didn’t cause the violation as the landlord alleges. 

Attending Court Hearing 

After filing the eviction lawsuit, you should expect the hearing to be scheduled within 20 days. Make sure to carry as much relevant evidence as possible. If the ruling favors you, the court will issue you with a Writ of Execution. 

This will be the tenant’s final notice to move out, or else risk forceful eviction by the sheriff.  In California, once a court order has been issued, only a stay of execution can stop the tenant’s removal. 

Conclusion

Sometimes evicting a tenant may be the only solution you may have. After all, what are you to do after a tenant grossly violates a term of the lease? That said, you must ensure the process is flawless from start to finish.  

RentPros is a quality property management company in Roseville. We can help you maximize your rental income through our exceptional suite of property management services. Get in touch today to learn more! 

Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.