How to Evict a Tenant in California
California enforces strict laws to protect the rights of tenants and their landlords. If you are a landlord, you must follow specific guidelines to evict a tenant from your property. You also must wait for a designated period before final eviction can take place.
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Things You'll Need
- Civil Case Coversheet (Form # CM-010)
- Summons (Form # SUM -100)
- Complaint-Unlawful Detainer (Form # 982.1(90))
- Proof of Service (Form # POS -010)
- At-Issue Memorandum (Form FM-1012)
Instructions
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Fill out the civil case coversheet, the summons and the complaint. Make a copy of each document for yourself and one for each person you are trying to evict.
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Deliver these documents to the county clerk's office. Pay the filing fee. This amount depends on the amount of money you expect to receive from the tenant for payment of back rent. If you cannot pay the filing fee, fill out the Application for Waiver of Court Fees and Costs. A judge decides whether you must pay the fees. If he rules against you, you have 10 days to pay.
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Hire a professional process server licensed by the state of California to give the Notice to Evict. This includes the tenant's copy of the summons and the filed copy of the somplaint. You cannot serve the papers yourself.
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Turn in proof of service. Take the summons and the Proof of Service, both signed by the server, to the clerk's office.
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Wait the five days required by California law for the tenant to respond to the eviction notice. If the tenant answers, file At-Issue Memorandum with the clerk's office to set the case on the court's docket. The court must schedule a hearing within 20 days.
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Comments
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toby1luv
Dec 20, 2010
My husband and i have tenants that are family we made the mistake of not getting a rental contract now they refuse to leave and haven't paid 7 months worth in rent. They have destroyed our property ran up our bills and have moved people in without our approval. My husband and i have no idea what to do their his family and they have three kids with one on the way. We recently found out we are expecting our first, i really want to repair all the damages they have done before our baby is here but that would be impossible if they stay, i don't know what to do, any advice???? We are desperate!!!! -
domyowneviction
Aug 02, 2010
If either the landlord or the tenant do not keep to their obligations the wronged party may look to the courts to enforce the terms of the tenancy agreement. However, an important consideration for landlords wishing to repossess property is that there are set rules which must be followed regardless of what has been agreed in the tenancy agreement. The Housing Act 1988 sets out what landlords must to in order to repossess property from a tenant.
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Rae211
Oct 17, 2008
I have a tenant who is late with the rent all the time. He promises to pay but never keeps his word. He owes us over $700.00 in electricity because he never switched the account over when his brother left and the account reverted back to me. He also overran the water and we had a $170.00 water bill because we pay the water. I am afraid after all his lies that it will be hard to get him out of our house. Any advice?.
