Evictions can be tense for both landlords and tenants, and California law leaves many people confused about what steps they need to take. California has a strict process for evictions. One simple mistake can prove costly.

Whether you are a tenant hoping to avoid losing your lease or a landlord trying to evict a tenant lawfully, an unlawful detainer lawyer at Pakpour Banks LLP can guide you toward a resolution.

Unlawful Detainer Lawyer California

Can a Landlord Lock Out a Tenant or Engage in Other Self-Help?

No, that is illegal under California law. Even if a tenant is behind on rent or has broken other lease covenants, a landlord may not change the locks or shut off the utilities to force the tenant to leave.

Self-help can be costly for a landlord. Some consequences include:

  • Actual damages. A landlord might need to pay for the tenant’s financial losses resulting from the landlord’s self-help.
  • Statutory damages. A court can impose up to $100 a day in statutory damages for each day the landlord is in violation of the law.
  • Injunction. A court can enter an injunction against a landlord. A landlord who violates the injunction could face possible contempt charges.
  • Penalties for harassment. Certain threats, force, menacing conduct, and other prohibited acts intended to pressure a tenant to leave can violate California law. A tenant may seek up to $2,000 in civil penalties for each violation.
  • Possible criminal charges. Self-help may constitute criminal activity. In 2022, the California Attorney General instructed law enforcement to intervene and help tenants subject to self-help evictions.

A California unlawful detainer attorney can help landlords prepare legally compliant eviction notices, meet filing and service requirements, and pursue possession through the court process without resorting to unlawful self-help.

Dealing With a Landlord-Tenant Dispute?

Get Clear Answers Before You Make Your Next Move

Whether you own the property or rent it, an eviction dispute is stressful, and the deadlines can move quickly. The attorneys at Pakpour Banks LLP will listen to your situation, explain your options in plain language, and help you decide what to do next.

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What Is the Eviction Process in California?

The usual eviction process follows a prescribed sequence.

The Landlord Provides Written Notice

The appropriate notice will depend on the reasons for the eviction:

  • Three-day notice to pay rent or quit. The tenant is behind on rent and must pay or move out.
  • Three-day notice to perform covenants or quit. The tenant must either correct a lease violation or vacate the premises.
  • Three-day notice to quit. Certain serious violations, such as nuisance or unlawful use of the property, may justify a notice that requires the tenant to leave without an opportunity to correct the problem.
  • 30- or 60-day notice to vacate. The landlord wants to end certain month-to-month tenancies.
  • Additional federal notice requirements. Certain federally covered tenancies may require different notice periods, including a 30-day notice under the CARES Act or a 90-day notice in specified subsidized housing situations.

These are some of the most common notices. The right notice must be used, or the eviction can be delayed. State and local just-cause requirements may also restrict when a landlord can terminate a tenancy.

The Landlord Files an Unlawful Detainer Case

The landlord can file this case after the deadline in the notice has passed and the tenant has not cured or vacated. The landlord must arrange for proper service on the tenant. A landlord may not engage in self-help, even after filing the lawsuit.

The Tenant Responds

A tenant generally has 10 days to respond to the unlawful detainer suit after being served with the summons and complaint. Typically, they raise defenses. If the tenant does not respond, the landlord may seek a default judgment.

The Case Is Heard in Court or Resolved by Agreement

The landlord and tenant may settle their dispute. If they go before a judge and the tenant wins, the court may allow the tenant to remain in possession of the property. If the landlord wins, the court may award possession and other remedies, such as a judgment for unpaid rent.

The Sheriff Evicts the Tenant

California’s orderly eviction process involves the sheriff. If the court awards the landlord possession, they must involve the sheriff to evict the tenant. The sheriff typically serves or posts a notice to vacate, which gives a tenant five days to leave. A tenant may request additional time from the court, but approval is not automatic.

A landlord generally must use the court process to evict a tenant who does not voluntarily leave.

Do I Need the Help of an Unlawful Detainer Attorney?

Whether you need an attorney depends on whether you are an individual or are representing a corporation. A corporation must be represented by an attorney in an unlawful detainer lawsuit, even if a corporate officer would otherwise appear on its behalf.

If you are an individual, you may represent yourself, but you cannot have a non-lawyer represent you in court. An experienced landlord tenant lawyer can help both landlords and tenants avoid errors in the eviction process.

How a Lawyer Benefits a Landlord

California’s eviction laws impose strict notice, filing, and service requirements. An unlawful detainer attorney can assist landlords with several key steps in the eviction process:

  • Serve the correct written notice. If you provide the wrong notice, you may have to restart the eviction process.
  • File an unlawful detainer case properly. You also must properly serve the tenant with legal papers. If not, then the court may lack jurisdiction over the tenant.
  • Seek unpaid rent or other damages. You can request unpaid rent in the unlawful detainer action.
  • Coordinate the eviction with the sheriff. A lawyer can help ensure that the required writ of possession and sheriff’s procedures are followed.

Effective legal representation can help landlords navigate the eviction process while minimizing the risk of delays, dismissed cases, and potential liability.

California Eviction Lawsuits: Your Questions, Answered

An unlawful detainer is the court case a landlord files to regain possession of a rental when a tenant stays after a lease ends or a notice expires. It is the lawful way to evict in California. A landlord who tries to skip it by changing locks or cutting off utilities can face liability.

It depends on the reason. A landlord typically serves a three-day notice for unpaid rent or a lease violation, or a 30- or 60-day notice to end a tenancy without fault, depending on how long the tenant has lived there. State just-cause rules or local ordinances may add requirements, so check the specific notice.

Generally 10 court days after you are served with the summons and complaint, under the rules that took effect January 1, 2025. Weekends and court holidays do not count. Missing the deadline can lead to a default judgment, so confirm the date on your paperwork and speak with an attorney right away.

Defenses depend on the facts. A tenant may challenge a defective notice, argue the landlord retaliated after a complaint, or point to unlivable conditions, among other possibilities. A defense must be raised properly and on time in the response to the court, so have a lawyer review the notice and summons first.

A landlord who wins can generally recover possession of the property and may also recover unpaid rent, court costs, and in some cases damages for the time the tenant stayed past the notice. Attorney’s fees are possible only if the lease provides for them. The final amount depends on the claims and the judgment.

Only the county sheriff, and only after the landlord wins a judgment and obtains a writ from the court. The sheriff typically posts a notice giving a short window, often five days, before enforcing it. A landlord who removes a tenant any other way may violate Civil Code section 789.3.

As soon as you receive or plan to serve a notice, because deadlines are short and a mistake can force a landlord to start over or cost a tenant a defense. Pakpour Banks LLP can advise landlords and tenants in Yolo, Sacramento, and Solano Counties and beyond.

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How a Tenant Benefits from Hiring a Lawyer

Tenants facing eviction may have legal defenses or options that are not immediately apparent. An unlawful detainer attorney can help tenants evaluate their circumstances and respond to an eviction action by:

  • Raising defenses to the eviction. You might argue that you fixed a problem with the property and deducted the repair costs from your rent. A lawyer can identify possible defenses that, if successful, may allow you to stay in the property, if that is your goal.
  • Meeting deadlines. If you miss a deadline, a landlord could obtain a default judgment against you. A lawyer can keep your case on track.
  • Negotiating with the landlord. A lawyer can reach out and communicate on your behalf to negotiate a compromise with the landlord that may give you more time to catch up on back rent, or give you more time to find a new place.
  • Finding and presenting evidence in your case. A lawyer can identify what evidence to present at trial, such as photos of the property, witnesses, rent receipts, or other evidence.

An attorney can also evaluate whether the landlord followed California’s eviction laws and identify violations that may affect the outcome of the case.

Get Legal Help Today

Taking shortcuts during an eviction can expose landlords to financial penalties and put tenants at risk of losing their homes. At Pakpour Banks LLP, we help landlords and tenants understand their legal rights, evaluate their options, and address unlawful detainer disputes through careful, strategic advocacy tailored to their circumstances and goals.

Contact us to speak with an unlawful detainer lawyer about your case.

Legal References Used to Inform This Page

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