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Eviction Law And Procedure

This article was edited and reviewed by FindLaw Attorney Writers | Last reviewed March 26, 2008

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IN GENERAL:

In order to evict a tenant in California, the land lord must comply in every respect with the statutory "Unlawful Detainer" procedure. This procedure is "summary" in nature; i.e. it is designed to quickly resolve issues between landlords and tenants. In such a "summary" procedure, it is crucial that the landlord make not mistakes in the process. If he does, he is likely to have to start the process over.

As you go through the unlawful detainer process, you must keep the following in mind:

NO SELF HELP: Unless your tenant moves out voluntarily, you must go through the legal process to evict him or her. This is true regardless of how bad the tenant may be. Any attempt at self-help eviction may cost you many thousands of dollars in attorney fees and judgments and months or years of frustration and grief. Although the legal process might seem too slow and expensive, it is nothing compared to the legal problems you will incur if you wrongfully evict a tenant. Here are a few examples of things you may not do under any circumstances:

  • You may not change the locks;
  • You may not cut off essential services such as water, electricity and gas. This is true even if the services are in your name;
  • You may not refuse to keep the premises in substantially habitable condition.


THE PROCEDURE IS "SUMMARY": To compensate for the prohibition against "self help," the law gives you a rapid method to obtain possession of your property through the courts. This method is called the "Unlawful Detainer" lawsuit. Although it may often seem that the tenant has all the rights, and that an eviction takes too long, consider the following comparisons:

  • Other lawsuits which do not involve the possession of real property give the defendant have six times as long to answer the lawsuit after being served with the initial papers;
  • Other lawsuits which do not involve possession of real property are usually set for trial 90 days to six months after a trial is requested. Unlawful Detainers must be set for trial within 20 days of the request;
  • Unlawful Detainers enjoy priority over all other civil cases on the date of trial. Other lawsuits are often continued from one date to another several times before they go to trial;
  • Superior Court lawsuits which do not involve possession of real property may take years to be completed.


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