A Guide to the Eviction Process in Chico, California

By Pam Nguyen | August 26, 2022 |

While no landlord wants to issue an eviction notice to tenants, sometimes it becomes necessary. However, California law, including the California Tenant Protection Act, has specific rules and regulations governing how the eviction process must occur.

That’s why we’ve created a comprehensive guide to California eviction laws to help you handle these situations, such as when tenants fail to pay rent.

We’ll walk you through the eviction process in California, highlighting how California law allows landlords to legally evict tenants before the tenancy ends for reasons such as lease violations, criminal activity, or unpaid rent.

1. Legal Causes for Eviction

Under the California eviction laws, a landlord is legally allowed to evict tenants and terminate the lease agreement for the following reasons:

Failing to pay rent.
Tenants refuse to follow the terms of the lease or rental agreement.
Failing to uphold their responsibilities as a tenant as described under California Civil Code.
The tenants stay after their lease agreement has ended (after being provided with proper notice).
A lease violation or criminal activity on the property.

The type of eviction notice given to the tenant depends on the reason to evict. There are generally 4 different types of notices in California eviction laws:

A 3-day notice to pay rent or quit: This is given to a tenant who has failed to pay rent, providing them the option to rectify the unpaid rent or face eviction.
A 30/60-day notice to quit: This is issued by a landlord at the end of a lease or when there is no lease agreement. The required notice period depends on how frequently the tenant pays rent.
A 3-day notice to cure or vacate: This allows a landlord to address curable lease violations by giving tenants an opportunity to fix the issue or face eviction. Landlords use this notice to ensure compliance with lease terms.

3 day unconditional quit notice: This is for violations that are incurable, and it does not give the tenant to rectify the situation to avoid being evicted. These violations can include excessive property damage or illegal activity as a part of the California eviction laws.

2. Serving the Notice

According to California eviction laws, the notice that the landlord serves the tenant must be delivered via the following methods:

The landlord may deliver the written notice directly to the tenant at the rental unit.
It may be left with another resident of the rental who is over the age of 18, in addition to mailing a copy to the rental unit.
The landlord may post it to the front door of the property in addition to mailing a copy to the residence via registered mail.
The landlord may mail a copy of the it to the property through registered mail, but only in the case of ending a month-to-month tenancy with a 30 or 60-day notice to quit.

Once the notice is served, the tenant will have the specified number of days to either rectify the situation (if applicable) or leave the rented area. If the tenant takes no action, the landlord may proceed with the California eviction lawsuit under the law. Additionally, the landlord must ensure the filing fee for any necessary paperwork is paid in order to evict the tenant.

3. Tenant Eviction Defenses in California

There are some cases in which a tenant may win the eviction case. It is important to note that it is illegal for a landlord to conduct a retaliatory eviction for a tenant exercising one of their legal rights. These rights are protected under laws, including:

Informing the landlord of an issue on the property.
Contacting local government or authorities over the issue on the property.
Supporting, joining or organizing a tenant union.
Pursuing legal action against the landlord.
Withholding rental payment due to inhabitable living conditions in the rental.

If a landlord is found guilty of retaliation, they can be sued by their tenants. In California, the landlord must have a legal reason to evict a resident and they cannot legally end a tenancy without cause. According to California law, a landlord must win the eviction case to legally remove a tenant from their property.

4. Attending the Court Hearing

Once the request for a hearing is filed by the landlord, it will be scheduled within a period of 20 days of the initial request. Then, you can continue with the eviction proceedings.

In preparation for the hearing, both the landlord and tenant should be prepared with the following things to help their case in a California court:

A copy of the lease or rental agreement.
A copy of the written notice served to the tenant.
The complaint.
Any relevant evidence or witnesses that support their case.

Regardless of whether the eviction process is contested by tenants, if the court rules in favor of landlords, a Writ of Execution will be issued to the tenants, and the eviction process will proceed. If tenants fail to appear in court, a default judgment is typically granted in favor of landlords.

In this state, landlords should note that tenants cannot halt the eviction process by filing an appeal, ensuring that the court’s decision is final. Landlords rely on the court system to enforce these rulings and maintain legal compliance throughout the eviction process.

5. The Writ of Execution is Issued to the Tenant

The Writ of Execution refers to the final notice that a tenant will receive before being forcibly removed from the property by the local sheriff. This legal document, issued by the court, gives the tenant time to leave the premises and collect their belongings before removal. It ensures tenants are aware of their final opportunity to leave.

6. Possession of the Property is Returned to the Landlord

After being served with the Writ of Execution, the tenant has 5 days to vacate the property and remove their belongings. If the tenant fails to move within this period of time, the sheriff will then return to the property and forcibly remove the tenant.

The tenant has the option to ask for a stay of execution, which if granted by the court, will delay their eviction for another 40 days. However, this will delay the eviction, not prevent it overall, and after 40 days have passed, the tenant will still be required to leave the property.

Bottom Line

If you have any specific questions about California eviction laws that were not answered in the blog post above, be sure to consult a qualified local attorney or seek help from a reputable property management company.

We can handle everything from issuing notices to managing an unlawful detainer lawsuit. Whether it’s evicting a tenant, maintaining your property, or providing financial reporting, we offer comprehensive property solutions, including guidance through the unlawful detainer lawsuit process.

Here at IPM Property Management, our property managers make sure that you don’t have to stress about any aspect of your personal property when leasing it in the rental market. Get in touch with us today!

Disclaimer: This blog post should not be used as a substitute for legal advice from a licensed attorney in California. Seek legal advice, as California eviction laws frequently change, and this blog post may not be completely updated at the time of your reading. Please contact us for any questions you may have in regards to the eviction process in California, the California landlord-tenant law, or for any other aspects of your property management needs.

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