Keith Mack
California has strict laws regarding the eviction of tenants, and landlords must follow a specific legal procedure. The Tenant Protection Act of 2019 (AB 1482) requires landlords to have a valid reason to evict tenants, known as just cause protections. This applies to renters who have lived in the rental property for at least 12 months. Landlords must provide a written notice stating the reason for eviction and cannot unlawfully force tenants out by changing locks or removing their belongings. Only the Sheriff or Marshal, or their deputies, may carry out an eviction with a court order. This article will explore the eviction process, tenants' rights, and any recent changes to the law in California.
| Characteristics | Values |
|---|---|
| Who can evict a tenant? | Only the Sheriff, Marshal, or their deputies, with a court order |
| Can landlords change the locks or shut off the power? | No, this is an unlawful lockout and can result in legal consequences |
| What is the Tenant Protection Act? | A law that requires landlords to have a valid reason to evict renters if they have lived in the rental housing for at least 12 months |
| What are "at fault" evictions? | Non-payment of rent, lease violations, illegal activities, property damage, nuisance or repeated violations |
| What are "no fault" evictions? | Two specific types of "no fault" tenancy terminations are regulated under the existing state law |
| What is SB 567? | A bill that closes loopholes that landlords were exploiting by moving tenants out and raising rents on new tenants without fulfilling the stated reasons |
| What is the eviction process? | Landlord gives tenant a written notice, if the tenant doesn't comply, the landlord can file an eviction case, if the landlord wins, they can ask the judge for papers for the sheriff to evict the tenant |
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What You'll Learn
Landlords must provide a written notice before eviction
In California, landlords must provide written notice to tenants before beginning an eviction court case. This is called a Notice, and it serves as a written warning that gives tenants a deadline to either fix a problem or move out. The Notice must include the reason for eviction and should be properly delivered to the tenant.
There are different types of Notices for various situations, and landlords must use the appropriate one. For instance, if a tenant has violated the lease, such as by having a pet when the lease states "no pets," the landlord can use a 3-Day Notice to Cure. This gives the tenant three days (excluding weekends and court holidays) to rectify the issue or vacate the premises. In some cities, landlords must send a "cease and desist" letter before issuing this type of Notice.
If a tenant is behind on rent, landlords can issue a 3-Day Notice to Pay or Quit. This gives the tenant three days to pay the rent or move out. The Notice should include information on how and where the tenant can make the payment. It's important to note that this type of Notice cannot be used to request other monies owed by the tenant, such as late fees or damages.
If a tenant has lived in the rental property for less than a year, landlords can use a 30-Day Notice to Quit to end a month-to-month tenancy. If the tenant has resided in the property for a year or more, a 60-Day Notice to Quit is required. These Notices are also applicable when the landlord intends to end the rental agreement without a just cause. However, in many cases, landlords cannot cancel a month-to-month tenancy without providing a just cause, as outlined in the Tenant Protection Act of 2019.
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Tenants can delay eviction with a Stay of Execution
In California, tenants facing eviction can request a Stay of Execution to delay the process and remain in their homes for a short period. This option is available even after a landlord has received a judgment for possession of the property. However, tenants should be aware that a Stay of Execution is not a guarantee and that they will likely need to pay rent during this period.
A Stay of Execution is a court-ordered postponement of an eviction, typically granted when tenants face extreme hardship and need more time to find alternative accommodation. The process involves tenants convincing the court of their hardship and why a delay is necessary. Tenants must act quickly, as there is a very short timeframe for requesting a Stay of Execution after receiving a Notice to Vacate from the sheriff.
To initiate the process, tenants must demonstrate their hardship and the reasons for needing additional time. This is typically done through a tenant declaration stating facts relating to the hardship. The court has the discretion to grant the Stay of Execution if it is satisfied that extreme hardship will occur without a temporary delay.
It is important to note that tenants may be required to pay rent for the duration of their stay, excluding back rent owed. The amount and calculation method may vary depending on the court. Therefore, tenants should contact their court to understand the specific requirements and calculate the accurate payment amount.
While a Stay of Execution can provide tenants with valuable time, it is not a long-term solution. Tenants should be prepared to vacate the premises by the end of the postponement period. Additionally, landlords can oppose the motion by explaining why the stay would be detrimental to their interests. Therefore, tenants should seek legal assistance to navigate the process effectively and ensure the protection of their rights.
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Only the Sheriff or Marshal can evict a tenant
In California, tenants have certain protections against eviction. The Tenant Protection Act of 2019 (AB 1482) requires landlords to have a valid reason to evict renters, provided they have lived in the rental property for at least 12 months. This is known as the "just cause" protection for eviction. "At-fault" reasons for eviction include non-payment of rent, criminal activity, subletting, and more. Landlords must first give tenants written notice before starting an eviction court case.
Once a court has ordered an eviction, only a Sheriff or Marshal, or their deputies, may carry out the eviction and physically remove a tenant. This is done through a Writ of Possession, which is a court order authorizing law enforcement to carry out the eviction and return possession of the property to the landlord. The Sheriff or Marshal serves the tenant with a Notice to Vacate, giving them 5 days to leave the property voluntarily. If the tenant does not vacate within this time frame, the Sheriff will schedule a physical eviction and forcibly remove the tenant.
It is important to note that landlords cannot change the locks, shut off utilities, or remove a tenant's belongings to force an eviction. These "self-help" evictions are illegal and can result in major legal consequences for the landlord, including law enforcement action or a private court case by the tenant. Law enforcement should advise landlords to seek legal avenues for eviction and never use force or threats to evict a tenant.
If you are facing eviction, it is important to seek legal help as soon as possible. There are free legal services available in California for those who cannot afford a private attorney.
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At-fault evictions include non-payment of rent
In California, landlords are prohibited from evicting most tenants without "just cause". The law sets out two kinds of evictions: "at-fault" evictions and "no-fault" evictions. At-fault evictions include non-payment of rent, and this means that the landlord is claiming that the tenant has done something wrong. Other examples of at-fault evictions include criminal activity at the rental property, subletting if the lease does not allow it, and denying the landlord entry to the property when they have a legal right to enter.
For an at-fault eviction, the landlord must first give the tenant written notice that states the reason for the eviction. The tenant then has the opportunity to respond to this notice, and if they do not comply, the landlord can file an unlawful detainer lawsuit to legally force their removal. The eviction process moves quickly, so it is important to find legal help as soon as possible. Tenants have the right to sufficient notice before any eviction, which can range from 30 to 90 days, depending on the city and situation.
If the tenant does not leave the property, the landlord can file forms in court to start an eviction case. If the tenant files a court form to give their side of the story, a trial date can be requested. If they do not, the judge can decide without a trial. If the landlord wins the eviction case, the tenant will need to move out and may have to pay the landlord. Only the Sheriff, Marshal, or their deputies may evict a tenant, and only with a court order.
Tenants facing eviction have options for support and legal advice, with various nonprofits across California offering free legal aid.
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No-fault evictions include substantial remodelling
In California, landlords are required to have a valid reason to evict tenants, as long as the tenant has lived in the rental property for at least 12 months. This is known as the "just cause" protection for eviction. One type of eviction that falls under this category is "no-fault" eviction, which means that the tenant is not at fault. No-fault evictions include substantial remodelling, which refers to extensive alteration or replacement of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency.
If a landlord intends to demolish or significantly renovate the property, they are permitted to displace existing tenants. However, this provision does not apply to institutional housing such as hotels, licensed care facilities, and dormitories. Additionally, owner-occupied single-family and duplex properties are also exempt from this requirement. In the event of a no-fault eviction due to substantial remodelling, the landlord must provide tenants with a termination notice that includes a copy of all permits issued for the project. The notice should also inform the tenant about their entitlement to relocation assistance or a rent waiver.
It is important to note that superficial enhancements, such as painting, decorating, or minor repairs, do not qualify as substantial remodelling. Landlords must act truthfully and in good faith when evicting a tenant for this reason, as not all repairs meet the definition of "substantial remodel". The eviction notice must include a description of the work to be done, and if the remodel does not commence or complete, the tenant must be given the opportunity to re-rent the unit at the same rent and lease terms.
To evict a tenant in California, the landlord must first give a written notice stating the reason for eviction before starting an eviction court case. If the tenant does not comply with the notice, the landlord can file forms in court to initiate the eviction process. Only the Sheriff, Marshal, or their deputies may carry out the eviction with a court order.
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Frequently asked questions
The Tenant Protection Act of 2019 (AB 1482) requires landlords to have a valid reason to evict renters as long as the renter has lived in the rental housing for at least 12 months. This is called "just cause" protection for eviction. Landlords must give tenants a written notice to fix a problem or move out by a deadline, which can be very short, like 3 days, or months. If the tenant doesn't comply by the deadline, the landlord can file an eviction case (unlawful detainer) and serve the tenant with court papers.
Some of the "at-fault" reasons for eviction listed in the law are:
- Not paying rent
- Breaking a material rule in your lease or rental agreement
- Criminal activity at the rental property
- Subletting if your lease does not allow it
- Refusing to sign a new lease with similar terms to the old one
- Denying your landlord entry to the property if they have a legal right to enter
Tenants have the right to request a Stay of Execution to delay eviction, typically for up to 40 days, if they provide valid reasons and agree to pay rent during the extended period. If the landlord wins the eviction case, they can request papers from the judge for the sheriff to evict the tenants. Only the sheriff or marshal, or their deputies, may evict a tenant, and only with a court order. Landlords cannot change locks, shut off power, or remove personal property to force a tenant out.
