No landlord in California wants to evict a tenant without a valid reason. If the tenant is responsible, pays rent on time, and follows the lease terms, asking them to leave doesn’t make much sense. Why force out a good tenant when it only creates more work and risk for the landlord?
Here’s the thing, removing a good tenant means the landlord or property manager now has to advertise the property, screen multiple tenant applicants, and find someone trustworthy to move in. That process takes time, effort, and money. And during the time the property sits vacant? There’s zero rental income coming in. If the vacancy stretches to 3 or 4 months, the landlord may even have to cover maintenance or repairs out of pocket, essentially losing money instead of earning it.
But there are situations where tenant eviction becomes necessary, sometimes unavoidable. In this blog, we’ll go over the valid reasons a California landlord can evict a tenant, what the process looks like, and how to do it legally under California law.
When Can a Landlord Legally Evict a Tenant in California?
California has strict laws about eviction, especially after the Tenant Protection Act (AB 1482) came into effect. A landlord can’t just ask someone to leave because they feel like it. There has to be a legally valid reason, also known as “just cause.” Here are the most common ones:
1. Non-Payment of Rent
This is the most straightforward reason. If a tenant stops paying rent, the landlord can issue a 3-day notice to pay or quit. If the tenant doesn’t pay within that window, the landlord can proceed with the eviction process.
2. Violation of Lease Terms
If the tenant breaks the lease agreement, for example, by having an unauthorized pet, subletting without permission, or violating any other written condition, the landlord can serve a 3-day notice to cure or quit. If the tenant doesn’t fix the issue, eviction may follow.
3. Nuisance or Illegal Activity
Tenants who damage the property, disturb neighbors, or use the unit for illegal activities can be evicted immediately with a 3-day notice to quit. This type of behavior doesn’t require giving the tenant a chance to correct it.
4. Refusing Lawful Entry
If a tenant repeatedly refuses to let the landlord enter the property for lawful reasons (like inspections or repairs with proper notice), it can be grounds for eviction.
5. Owner Move-In or Family Move-In
Under California law, landlords can evict a tenant if they, or an immediate family member, plan to move into the unit. This only applies to certain properties, and the tenant must be given at least 60 days’ notice.
6. Substantial Renovations
If the landlord plans to make significant renovations that can’t be done with the tenant living there, this can be a valid reason for eviction. However, the work must be substantial, not just painting or replacing carpets.
7. Withdrawing the Property from the Rental Market
Under the Ellis Act, a landlord can evict tenants if they are removing the property from the rental business entirely. This is often used when selling a building or converting it to another use, but the process is highly regulated and requires strict compliance.
How to Evict a Tenant Legally in California
Evictions in California must follow a very specific legal process. Skipping steps, or doing things informally, can land a landlord in serious legal trouble.
Here’s the correct way to handle it:
- Serve the Correct Notice
- 3-day notice to pay or quit (for unpaid rent)
- 3-day notice to cure or quit (for lease violations)
- 3-day notice to quit (for serious issues like illegal activity)
- 30-day or 60-day notice to vacate (for no-fault evictions, depending on the circumstances)
- Wait Out the Notice Period
Once the notice is served, the tenant must be given the legally required time to act, either by fixing the issue or leaving. - File an Unlawful Detainer Case
If the tenant doesn’t comply, the landlord must file an eviction lawsuit, known as an unlawful detainer, in court. - Go Through the Court Process
The tenant may choose to fight the case. If so, a hearing will be scheduled. If the court rules in favor of the landlord, it will issue a judgment for possession. - Get a Writ of Possession
The court then issues a writ of possession, which is enforced by the local sheriff. The sheriff, not the landlord, removes the tenant if necessary.
A landlord is never allowed to change the locks, shut off utilities, or harass a tenant to force them out. That’s called a “self-help” eviction, and it’s illegal in California.
Conclusion
California landlords need to understand this clearly: eviction is a serious process, not a quick fix. It’s legally complex, time-consuming, and potentially expensive if not handled correctly.
That said, knowing when you can evict, and how to do it the right way, gives you the confidence to protect your property and your rights when things go south. It also helps you avoid costly mistakes, like unlawful eviction lawsuits or delays in regaining possession.
If you find yourself in a situation where eviction might be necessary, always follow legal procedures to the letter. And when in doubt, consult a qualified attorney or property management expert who understands California law. Staying informed is the best protection a landlord has.
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