California Landlord Tenant Attorney Blog
In order to start the process of evicting a tenant (unlawful detainer) , the landlord has to file the following documents with the court and then serve them on the tenant:
Summons – Unlawful Detainer-Eviction (form SUM-130)
Complaint – Unlawful Detainer (form UD-100)
Civil Case Cover Sheet (form CM-010)
In California, a landlord may evict a tenant if the tenant does any of the following:
1. Falls behind in their rent;
2. Breaks the lease or rental agreement and will not fix the problem;
3. Commit waste and damages the property bringing down the value of the property;
4. Disturbs other tenants and neighbors often and will not stop when ask thereby becomming a serious nuisance; and
5. Uses the property to commit illegal activities.
In most cities, the landlord can also evict if:
1. The tenant stays after the lease is up; and
2. If the landlord cancels the rental agreement.
However if your city has rental control then these last two reasons will not be adequate. Its best to find out if your property is rent controlled or not.
There are many types of Notice that a landlord must give in order to start the process of an eviction. These type of notices are as follows:
| 3-Day Notice to Pay Rent or Quit | Landlords can use this notice when the tenant is behind on the rent. The notice must:
* The notice must NOT include other money the tenant owes, like late fees, interest, utilities, or damages. |
| 3-Day Notice to Perform Covenants or Quit | Landlords can use this kind of notice if the tenant is breaking the lease or rental agreement and the problem can be fixed. For example, if the tenant is subletting the unit, not keeping the unit clean or some other violation of the agreement, the notice must ask the tenant to correct the violation within 3 days or move out. The notice must:
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| 3-Day Notice to Quit | This kind of notice is used if there have been ongoing problems with the tenant who:
The notice must:
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| 30-Day or 60-Day Notice to Quit | A landlord can use a 30 day-notice to end a month-to-month tenancy if the tenant has been renting for less than a year. A landlord should use a 60-day notice if the tenant has been renting for more than one year and the landlord wants the tenant to move out.
The notice must:
In rent-controlled cities, a landlord can not cancel a month-to-month tenancy for just any reason. The landlord must find out if the unit is in a rent-controlled city, and if so, whether the landlord has the right to evict the tenant. |
| 90-Day Notice to Quit | A landlord must use this kind of notice if the tenant is in subsidized housing (Section 8). The landlord must explain why she or he is asking the tenant to move out, and the landlord must have good reasons (“just cause”) to ask the tenant to leave. |