California Eviction Notice Forms | Notice to Quit | Fillable PDF

3 Day Notice	30 Day Notice	60 Day Notice	Summons
Complaint	Writ of Execution

•  Tenant’s Forms
  • Answer

Regardless of whether there is a written or verbal lease, California landlords must follow the proper eviction process to evict tenants legally. Property owners may evict tenants in California for a number of reasons, including failure to pay rent, performing illegal activities on the premises, creating a nuisance, and in most cities, when the lease expires or upon canceling the lease with proper notice. The eviction process is known as an unlawful detainer in California.

• Step 1 – Notice

Landlords must always give notice to begin the eviction process. In California, property owners must give tenants three days of notice for violations of the lease before moving forward with the process. The tenant may remedy the violation during this time to avoid eviction.

If the tenant did not breach the agreement, the owner must give him or her 30 days’ notice if the tenant has lived on the property for less than one year, and 60 days’ notice if the tenant has lived there longer than one year.

• Step 2 – Filing the Eviction

The landlord may file an eviction action if the tenant has not remedied the breach or vacated the premises during the respective notice period. To do so, owners must obtain a Summons and Complaint. These must notify the tenant of the eviction action, its basis, and that the tenant must come to a hearing if he or she wishes to object to the Complaint. These documents must be filed with the court, and someone other than the landlord must deliver a copy of them to the tenant.

The tenant then has five days to Answer the complaint with a denial of the accusation or stating that the landlord followed the process incorrectly. If the tenant fails to answer, the court will grant the property owner a default judgment, allowing the owner to get a Writ of Execution to compel the sheriff’s office to remove the tenant.

• Step 3 – Hearing

The hearing will be scheduled within 20 days of the tenant answering the complaint. Usually there is a default judgment for the landlord because the tenant does not answer the complaint. However, a court will decide who should remain in possession of the property if the tenant does answer it. If the owner wins, the tenant will have five days to leave the premises before the sheriff will lock the tenant out.

Source

• http://www.courts.ca.gov/selfhelp-eviction.htm