How to evict a tenant: A step-by-step eviction guide for California landlords
Marc Hoag via Midjourney
This is educational material and does not constitute legal advice nor is any attorney/client relationship created with this article, hence you should contact and engage an attorney if you have any legal questions. Furthermore, the material contained below is provided as a summary, and nuanced or even major details may be missing or inaccurate. This information may be updated as needed to provide additional, updated, or otherwise revised information. This guide is specifically for Marin County evictions, but the general principles should apply statewide.
Being a landlord in California is brutal. California eviction laws heavily favor tenants, often leaving landlords scrambling for solutions, with justice feeling like little more than a fleeting afterthought.
Worst of all, professional scam artist tenants know this. This imbalance of justice empowers them to abuse the system to their benefit, and to your detriment. Compounding your challenge is their often deep understanding of California’s eviction laws, making it essential that you do not underestimate their ability to exploit the process.
This guide provides landlords like you with a clear, step-by-step roadmap to the eviction process, ensuring compliance with California law while helping you avoid costly mistakes, and hopefully, preventing any lasting emotional harm beyond the practical and financial damages you will suffer.
The Marc Hoag Law 3 Rules of Eviction
The MHL 3 Rules of Eviction are time-specific rules designed for landlords before they’ve rented out their property; once they’ve decided to rent it out; and after they’ve been ambushed by a scamming tenant, their property effectively under siege.
If you’re a landlord thinking about renting out your property and want to preemptively self-educate before you run into trouble, Rule 1 is for you.
Rule 2 applies if you have no choice but to rent out your home.
Finally, Rule 3 is what you want to focus on if all bets are off and you have no other option but to take legal action.
Rule 1: Don’t be a landlord in California unless you absolutely need to rent out your home.
Rule 2: If you must rent out your home, be as certain as possible that you don’t rent to professional scammers, because once they’re in, you’re going to be stuck with them for a while.
Rule 3: If you’re going to do an unlawful detainer (eviction) action, do everything you can to avoid going to trial. This is an expensive, time-consuming, soul sucking experience.
So what, exactly, is an eviction?
An eviction — otherwise known as an unlawful detainer action — is commonly understood as a legal action to remove a tenant from your property. As a landlord, is within your right to evict a tenant if they breach your lease agreement or fail to pay rent.
Unfortunately, this is a blatantly incorrect understanding of what an eviction is. On the contrary, an eviction is simply a legal action to compel the tenant to correct a breach of the lease agreement, or nonpayment of rent, the court remedy for which, if the tenants fail to do so, is to remove them from your property.
It’s important to recognize that in some instances, tenants are absolutely in their right to withhold rent, for example, if you, the landlord, are in breach of the Implied Warranty of Habitability (read this), or if you otherwise breach your duties as a landlord. They may also rightfully withhold rent, for instance, if they make necessary repairs on their own dime (also read this).
So to be clear: there is no legal action to remove a tenant from your property; removal is merely the remedy in the event the tenant does not comply with the court to do (or stop doing) whatever is in breach of the lease agreement.
This is a critically important nuance to understand, because what it implies, is that even if you are successful in your eviction action in the sense that the court orders the tenant to pay you back withheld rent, or to stop otherwise violating the lease agreement, and if the tenant complies, you will not get your property back.
Repossession of your property will only occur if the tenant does not comply with the court order to pay back withheld rent or otherwise stop breaching the lease agreement.
And to add salt to the wound, in what is perhaps one of the greatest perversions of our legal system, even if the court orders your tenant to pay back your withheld rent or otherwise cure the breach of contract, and if the tenant complies, this means the tenant gets to keep possession of your home, and they are crowned the “prevailing party,” which means you also need to pay their attorneys’ and other legal fees.
Please read that last paragraph several times. It is as nuanced as it is perverse, and you must understand it. In fact, it merits repetition:
If your tenant complies with a court order to pay back withheld rent, or otherwise stops breaching the lease agreement, then they get to keep possession of your home, they are the prevailing party, and you will need to pay their attorneys’ and legal fees. You can, and really should, read more about this here.
With this high level understanding out of the way, we can now continue with the a stepwise guide for how to evict a tenant in Marin County, California.
Step 1: Serve a Proper Notice
What to Do: Start by serving the correct notice based on the situation:
3-Day Notice to Pay Rent or Quit: For unpaid rent.
3-Day Notice to Perform Covenant or Quit: For curable lease violations.
3-Day Notice to Quit: For illegal activity or incurable violations.
30/60-Day Notice to Terminate Tenancy: For no-fault evictions (e.g., owner move-in; see below for more).
Timeframe: Notice periods range from 3 to 90 days, depending on the type of notice.
Common Pitfalls:
Incorrect tenant names or property address.
Failing to include required statutory language.
Improper service methods (e.g., not using personal service when required).
Marin County Considerations: Ensure compliance with any local rent control or just cause ordinances.
Related Reading: What landlords need to know about the “implied warranty of habitability”
Step 2: File the Unlawful Detainer Complaint
What to Do: If the tenant doesn’t comply with the notice, file an unlawful detainer complaint with the court. Include:
Summons and Complaint.
Civil Case Cover Sheet.
Proof of service of the notice.
Timeframe: Filing fees range from $240-$450, and the court typically processes filings within a few days.
Common Pitfalls:
Omitting required Tenant Protection Act (TPA) declarations.
Filing incomplete or inaccurate forms.
Marin County Considerations: Check for any local court-specific forms or requirements.
Step 3: Serve the Summons and Complaint
What to Do: Serve the tenant with the summons and complaint using:
A process server.
The sheriff.
Another adult not involved in the case.
Timeframe: Tenants have 5 court days to respond if personally served, or 15 calendar days for substituted service.
Common Pitfalls:
Failing to serve all tenants, including unknown occupants.
Improper documentation of service.
Marin County Considerations: Use experienced process servers familiar with local rules.
Step 4: Tenant’s Response
What to Expect: Tenants may:
File an answer contesting the eviction.
Raise defenses like habitability issues or TPA non-compliance.
Not respond, allowing you to request a default judgment.
Common Pitfalls:
Underestimating tenant defenses, such as claims of retaliation or discrimination.
Failing to prepare evidence of compliance with habitability standards.
Step 5: Request a Default Judgment or Trial
What to Do:
If the tenant doesn’t respond, file for a default judgment.
If they respond, prepare for trial by gathering evidence (e.g., lease agreements, payment records, proof of service).
Timeframe: Trials are typically set within 20 days of filing.
Common Pitfalls:
Insufficient documentation of tenant violations.
Lack of preparation for trial.
Lack of definitive, unambiguous evidence.
Marin County Considerations: Trials are usually bench trials, but either party can request a jury trial, which may extend timelines.
Step 6: Judgment and Writ of Possession
What to Do: If you win, obtain a Writ of Possession and deliver it to the Sheriff for enforcement.
Timeframe:
Court processing: 1-2 days.
Sheriff processing: 3-5 business days.
Tenant lockout: 5 days after notice is posted.
Common Pitfalls:
Delays in obtaining or filing the writ.
Failing to coordinate with the Sheriff’s office.
Marin County Considerations: Be aware of any local Sheriff’s office procedures.
Related Reading: Who is the 'prevailing party' in an eviction trial, or, who gets attorneys' fees?
Step 7: Post-Eviction Considerations
What to Do:
Change locks and document property condition.
Handle abandoned property per California law (inventory, notify tenant, store for 15-18 days, and dispose of or auction items as required).
Return the security deposit within 21 days, minus documented deductions.
Common Pitfalls:
Mishandling abandoned property or security deposits, leading to penalties.
Related Reading: What happens if my tenant abandons my rental property?
Avoiding Common Mistakes
Never attempt a self-help eviction (e.g., changing locks, shutting off utilities, physically confronting the tenant, or asking another person to do the same on your behalf).
Avoid accepting partial rent payments after serving a notice without proper documentation.
Ensure compliance with the Tenant Protection Act (e.g., just cause requirements, relocation assistance).
Conclusion
Evictions in Marin County require careful adherence to California law and local regulations. With the odds already stacked against you, as a landlord, it’s essential that you proceed by the book, and with tactful representation. Mistakes can be costly, both financially and legally, and above all, emotionally.
For tailored advice and legal counsel, don’t hesitate to reach out.