Step-by-Step Guide to Lawful Evictions Under AB 1482
Note: Since AB 1482 took effect in 2020, California landlords must have "just cause" to evict tenants from covered properties. This represents a fundamental shift from the previous system where month-to-month tenants could be terminated without reason.
Just cause requirements apply to properties covered by AB 1482—generally rentals over 15 years old, with exemptions for single-family homes owned by individuals (not LLCs), owner-occupied duplexes, and certain other property types.
Key Rule: If your property is subject to AB 1482 rent caps, it's also subject to just cause eviction requirements
At-fault evictions involve tenant misconduct or lease violations:
Warning: These evictions require relocation assistance equal to one month's rent (paid within 15 days of notice service)
No-fault evictions occur for reasons unrelated to tenant behavior:
Pro Tip: For Placer County landlords, owner move-in is the most common no-fault cause, particularly in markets like Roseville and Rocklin where owners may wish to occupy their properties due to life changes.
The notice type and length depend on the eviction reason and tenant circumstances.
For nonpayment of rent, serve a 3-day notice giving the tenant three days to pay the full amount owed or vacate. The notice must specify the exact amount due, the time period it covers, and payment instructions (where and to whom payment should be made).
Days are calculated as calendar days. If the third day falls on a weekend or holiday, the deadline extends to the next business day. Serve the notice the day after rent is late—if rent is due on the 1st, serve on the 2nd.
For curable lease violations (unauthorized pets, unapproved occupants, etc.), a 3-day notice to cure or quit gives tenants three days to remedy the violation or leave. The notice must specifically describe the violation and what the tenant must do to cure it.
For serious, incurable violations—illegal activity, nuisance, or waste—serve a 3-day notice to quit without opportunity to cure. These notices should clearly detail the behavior justifying immediate termination.
For month-to-month tenancies where the tenant has resided less than one year, a 30-day notice is required for no-fault evictions. This applies to owner move-ins, withdrawal from market, or substantial remodels.
The notice must include the specific just cause reason and, for no-fault causes, information about relocation assistance.
When the tenant has occupied the property for one year or more, no-fault evictions require 60-day notice. This applies to the same no-fault causes as 30-day notices but with an extended timeline.
Government-subsidized tenancies, including Section 8, require 90-day notice for no-fault evictions. This extended period protects vulnerable tenants by providing more time to find alternative housing.
Defective notice service is the most common reason eviction cases fail. California recognizes three service methods, in order of preference:
Personally delivering the notice to the tenant is the most reliable method. Hand the notice directly to the tenant. If serving a 3-day notice, personal service starts the clock immediately.
If the tenant is unavailable, you can leave the notice with a person of suitable age and discretion at the tenant's residence or workplace, then mail a copy to the tenant's home address. This adds extra time before the notice period begins.
If personal and substituted service fail, post the notice in a conspicuous place on the property (typically the front door) and mail a copy to the tenant. This is the least preferred method and extends timelines further.
Never serve notices yourself if you're emotionally invested or confrontational. Use a professional process server or attorney to ensure proper, documented service.
If the tenant doesn't comply with the notice—failing to pay, cure the violation, or vacate—you can file an unlawful detainer lawsuit in the Superior Court for the county where the property is located. For Placer County properties, file in Placer County Superior Court.
The unlawful detainer complaint must include specific information: property address, tenant names, lease terms, grounds for eviction, notice details, and amount of rent owed. California Judicial Council forms (UD-100) provide standardized templates.
Accuracy is critical. Errors in rent calculations, notice dates, or legal grounds can result in case dismissal, requiring you to start over.
Court filing fees for unlawful detainer cases in California typically range from $240 to $450 depending on the court and case complexity. Add process server fees ($50-$150), attorney fees if you hire counsel ($1,500-$5,000+), and potential costs for writ of possession and sheriff enforcement.
After filing, the tenant must be served with the summons and complaint. Personal service by a process server is standard. The tenant has five days to respond if personally served (15 days if served by substituted service or posting).
If the tenant files an answer contesting the eviction, the case proceeds to trial. Tenants may raise defenses such as improper notice, habitability issues, retaliation, or discrimination. Even weak defenses delay the process.
If the tenant doesn't answer within five days, you can request entry of default and proceed to a default hearing. If the tenant does answer, request a trial date. Unlawful detainer cases receive priority on court calendars, but trials are still typically scheduled 2-3 weeks out.
Unlawful detainer trials are usually brief—20 to 60 minutes. Present your evidence: lease agreement, notices, proof of service, rent ledger, photographs, and witness testimony if relevant. The tenant presents their defense.
The judge issues a ruling, typically on the spot or within a few days. If you prevail, the court issues a judgment for possession of the property and any awarded rent and costs.
Winning the court case doesn't immediately remove the tenant. You must obtain a writ of possession and have the sheriff enforce it.
After judgment, request a writ of possession from the court. There's a five-day stay period during which the tenant can move out voluntarily or pay owed rent to stay the eviction (if the eviction was for nonpayment and the court allows it).
Deliver the writ to the sheriff's office. The sheriff posts a notice giving the tenant five additional days to vacate. If the tenant doesn't leave, the sheriff schedules a physical lockout where they remove the tenant and their belongings, change the locks, and return possession to you.
Sheriff lockout fees vary by county. Placer County charges approximately $150-$300 for lockout services, though fees change periodically.
Note: From initial notice to sheriff lockout, California evictions typically take 30 to 90 days for uncontested cases, longer if the tenant fights.
Warning: This assumes no delays, proper notice service, and no tenant contest. If the tenant hires an attorney and fights the case, add 30-60 days. COVID-related eviction protections or local moratoriums can further extend timelines.
Beyond the emotional toll, evictions are expensive. Budget for these costs:
Total cost for an average eviction: $3,000 to $10,000 or more when accounting for lost rent, legal fees, and turnover. Prevention through thorough tenant screening is far more cost-effective than eviction.
Warning: California strictly prohibits "self-help" evictions. Landlords cannot force tenants out through intimidation, utility shutoffs, lock changes, or property removal. Only the sheriff can physically evict a tenant after a court judgment.
These actions are ILLEGAL and will result in serious penalties:
Legal Consequence: Illegal evictions expose landlords to lawsuits for wrongful eviction, with potential damages including actual damages, statutory penalties, emotional distress claims, and attorney's fees. Tenants can also obtain injunctions forcing landlords to restore possession.
Serving notices incorrectly—leaving them under the door, taping to windows without proper mailing, or serving on the wrong person—invalidates the notice. Start over with proper service to avoid wasting weeks.
If you serve a 3-day notice to pay rent or quit and then accept partial payment, you may waive your right to proceed with eviction. Either accept full payment to cure the default or refuse any payment and proceed with the eviction. Consult an attorney if you're unsure.
For properties subject to AB 1482, notices must explicitly state the just cause reason for termination. Vague notices like "you must vacate" without specifying the legal ground are defective.
California law prohibits retaliatory evictions. If a tenant recently complained about habitability issues, requested repairs, contacted code enforcement, or exercised legal rights, and you then serve an eviction notice, the tenant can claim retaliation. Courts presume retaliation if eviction occurs within 180 days of protected tenant activity.
Evicting tenants for discriminatory reasons—race, religion, family status, disability, source of income, etc.—violates fair housing laws and exposes landlords to federal and state lawsuits. Ensure evictions are based solely on legitimate, documented business reasons.
Eviction should be a last resort. Consider these alternatives:
If a tenant falls behind on rent due to temporary hardship, offer a payment plan. Document the agreement in writing, including missed rent amounts, payment schedule, and consequences for default.
Offering tenants money to vacate voluntarily—"cash for keys"—is often faster and cheaper than eviction. Offering $1,000-$2,000 to leave within a week can save thousands in legal fees and lost rent. Ensure agreements are in writing and include move-out dates and property condition requirements.
Some counties offer landlord-tenant mediation programs. Mediation can resolve disputes, establish payment plans, or facilitate voluntary move-outs without litigation.
After a sheriff lockout, tenants' remaining belongings must be handled per California Civil Code Section 1980-1991. Generally, you must store items and provide notice to the tenant allowing them to reclaim property. For low-value items, you can dispose of them after following required procedures. For higher-value property, storage and notice requirements are more stringent.
If you obtained a money judgment for unpaid rent and damages, collection is a separate challenge. Tenants who couldn't pay rent often lack assets to satisfy judgments. Options include wage garnishment, bank levies, and credit reporting, but success rates are low. Budget accordingly and don't rely on collecting post-eviction judgments.
Eviction judgments and unpaid rent can be reported to credit bureaus, affecting the tenant's credit and ability to rent elsewhere. This doesn't recover your money but creates consequences for the tenant's future rental prospects.
Many landlords handle simple nonpayment evictions themselves using court forms and self-help resources. However, hire an attorney for:
Attorney fees are an investment in proper procedure. A wrongful eviction lawsuit resulting from self-represented errors can cost far more than hiring counsel from the start.
Eviction is a necessary legal tool for removing non-paying or problem tenants, but it's time-consuming, expensive, and stressful. Prevention through rigorous tenant screening, clear lease terms, and proactive property management reduces the need for evictions.
When eviction is unavoidable, follow California's detailed procedural requirements precisely. Proper notice, court filings, and professional service protect you from costly mistakes and legal exposure.
For Placer County landlords in Roseville, Rocklin, Auburn, and surrounding areas, Lifetime Property Management handles tenant relations, rent collection, and eviction management when necessary. Our experience with local courts and California eviction law ensures compliance while protecting your investment.
Get personalized property management advice from our local experts.
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