California doesn’t mess around when it comes to tenant-landlord laws. The rules are clear, the penalties are real, and if you’re a landlord, you need to know exactly what you’re doing, especially when it comes to evictions. You can’t just wake up one morning, decide a tenant “feels off,” and kick them out. There are legal procedures, timelines, and consequences you need to follow. This post lays it all out for you: when eviction is valid, what laws govern the process, how much notice you need to give, and what mistakes can get you into legal hot water.
Let’s break it down, starting with the big question: When does it actually make sense to evict a tenant in California?
When Evicting Tenants Makes Sense
Not every inconvenience justifies eviction. California law divides valid reasons into two main categories: At-Fault Evictions and No-Fault Evictions. Know the difference, or you could be setting yourself up for a wrongful eviction lawsuit.
At-Fault Evictions
These happen when the tenant clearly violates the lease or breaks the law. Some solid, legally recognized reasons include:
- Nonpayment of Rent: This is the most straightforward reason. If the tenant doesn’t pay, and you’ve followed proper notice procedures, you can move forward with eviction.
- Violation of Lease Terms: Whether it’s subletting without permission, having unauthorized pets, or exceeding occupancy limits, you can act, but only after giving written notice to correct the issue.
- Illegal Activity: If the tenant is running an illegal business, using the unit for criminal activity, or threatening the health and safety of others, eviction is typically fast-tracked.
- Nuisance Behavior: Repeated noise complaints, damage to the property, or harassment of neighbors, all can be grounds for at-fault eviction.
To read more about eviction due to property damage, so give our in-depth blog a read.
But remember: no matter how justified it feels, you must follow proper legal notice and procedures. One wrong step and your case could get tossed.
No-Fault Evictions
These are trickier. You’re not evicting the tenant because they did something wrong, but because you have a reason unrelated to tenant behavior. Acceptable no-fault reasons include:
- You (or an immediate family member) are moving into the property.
- You’re taking the unit off the rental market (commonly under the Ellis Act).
- You plan to substantially renovate the property (and “paint and patch” doesn’t count).
- You’re complying with a government order that requires vacating the unit.
Important: In no-fault cases, landlords often owe relocation assistance, either by paying a relocation fee or waiving the final month’s rent. Ignore that, and you might end up paying much more later in court.
You Can’t Evict Just Because You Feel Like It
California doesn’t allow evictions based on personal annoyance or vague reasoning. Evictions must be rooted in just cause, a legal standard under the Tenant Protection Act of 2019 (AB 1482). This statewide law sets the baseline for when and how you can evict tenants, especially those who’ve lived in the unit for more than 12 months.
Key facts about the Tenant Protection Act:
- Applies to most apartment buildings built before 2005.
- Requires landlords to provide a valid reason (just cause) for evictions.
- Mandates relocation assistance for no-fault evictions.
- Limits rent increases to around 5% + inflation (capped at 10%).
Pro tip: Always check if your local city or county has its own rent control or eviction laws. In California, local law often adds extra layers on top of state law.
What Is Considered a Wrongful Eviction in California?
If you evict someone without proper notice, for an invalid reason, or in retaliation (e.g., they reported a code violation or asked for repairs), congratulations, you just committed wrongful eviction. That can result in:
- Fines
- Attorney’s fees
- Paying the tenant’s relocation costs
- A judge ordering the tenant back into the unit
And yes, tenants can sue you. Landlords who ignore this end up paying far more than they would have by simply following the rules in the first place.
How Much Notice (and Possibly Money) Must Landlord Give?
Here’s the basic breakdown for notices in California:
- 3-Day Notice to Pay Rent or Quit: For nonpayment of rent.
- 3-Day Notice to Cure or Quit: For lease violations.
- 30-Day Notice to Terminate Tenancy: For month-to-month tenants who’ve been there less than a year (if legally allowed).
- 60-Day Notice: For tenants who’ve lived in the unit over a year.
- 90-Day Notice: For tenants with government-subsidized housing (in most cases).
For no-fault evictions, relocation assistance is typically equal to one month’s rent, either paid directly or waived.
To read more about Tenant’s Right to Refuse Landlord Entry in California, so give our in-depth blog a read.
Can a Landlord Evict a Tenant Without a Reason?
In most cases, no.
If the unit is covered under the Tenant Protection Act or local rent control, you cannot evict without a legally valid reason. If you try to, and the tenant fights back, you’ll likely lose in court.
Only in some exempt properties (like single-family homes not owned by corporations and where proper disclosure was given) can you terminate a tenancy without stating a specific cause, but even then, you must give proper notice and stay compliant with the law.
And no, you can’t skip court. Evictions always require a legal process: written notice, an opportunity to fix the issue (in most cases), and a court proceeding if the tenant doesn’t leave voluntarily. If you try to lock them out, shut off utilities, or intimidate them into leaving, you’ve now stepped into illegal eviction territory.
Other Things California Landlords Should Know
- Documentation is everything. Keep written records of lease violations, communication, notices, and payments. You’ll need them in court.
- Security deposits must be returned within 21 days of move-out, minus documented deductions for damage (not wear and tear).
- Rent control and local ordinances often override state law. Check city-specific rules.
- Tenant harassment laws are strict, don’t call, text, or show up unannounced to pressure someone to leave.
- Ellis Act evictions (removing the property from rental use) require strict compliance and extensive notice.
Conclusion
California’s eviction laws aren’t designed to make your life easy, they’re designed to protect tenants. As a landlord, you’re operating within a tightly regulated system. That doesn’t mean you can’t protect your property or remove a problem tenant, it just means you have to do it the right way.
The rules are detailed for a reason. Cut corners, and you’ll find yourself in court (or worse). But if you take the time to learn the process, document everything, and stay within the law, you’ll be fine, and your property investment will stay safe.
Bottom line? If you’re not sure, don’t guess. Consult an attorney or experienced property manager. Because one misstep in California’s eviction maze can cost you far more than just a month’s rent.
At Compliance Prime, we offer expert-led Fair Housing webinars to help you stay compliant, avoid legal pitfalls, and manage your properties with confidence.
Because in California, one misstep can cost far more than just a month’s rent.
