Do you find yourself needing to evict a tenant in Los Angeles?
We strongly recommend you get help, either from a property management expert like our team or from an experienced real estate attorney. The eviction laws are strict in California, and Los Angeles has somehow managed to make them even stricter. You need to know what you’re doing, otherwise your eviction will be thrown out, costing you time and money.
Nonpayment of rent is the most common reason to evict a tenant, and it’s also one of the just-cause reasons to evict. We’ve put together a step-by-step legal process for how to remove a tenant from your property when rent stops coming in.
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Step 1: Serve a Three Day Notice
In California, if a tenant fails to pay rent, the next step is to issue a Three-Day Notice to Pay Rent or Quit. This is a legally required notice that gives the tenant three days to pay the overdue rent or move out of the rental property. This notice demands that the tenant either pay the full amount of overdue rent within three days or vacate the property.
The Three-Day Notice must be delivered to the tenant in a specific way to be considered valid. You can hand-deliver the notice to the tenant, post it on their door, and mail a copy to their address. All methods of service must be done according to California law to ensure the notice is legally enforceable.
If the tenant pays the overdue rent within the 3-day window, the issue is resolved, and the eviction process ends.
Step 2: Involve the Los Angeles Housing Department if Necessary
Are you evicting a tenant in a rental home that’s covered by the Rent Stabilization Ordinance (RSO)? If so, you’ll need to forward your Three-Day Notice and make sure it’s filed with the Los Angeles Housing Department (LAHD) within three (3) business days of service on the tenant.
Step 3: File an Unlawful Detainer Lawsuit (Eviction)
If the tenant has not paid rent after receiving the Three-Day Notice and has not vacated the property, you can file an Unlawful Detainer lawsuit in Los Angeles Superior Court. This lawsuit formally begins the eviction process.
- Prepare the Complaint. The unlawful detainer lawsuit must include the Complaint for Unlawful Detainer, the Three-Day Notice to Pay Rent or Quit, and any other supporting documents, such as a copy of the lease agreement and payment history.
- File with the Court. You will need to file the complaint with the court and pay a filing fee, which typically ranges from $200 to $500, depending on the circumstances. Once the lawsuit is filed, the court will issue a summons and a copy of the complaint to the tenant.
- Serve the Lawsuit. The tenant must be personally served with the lawsuit by a third-party server (someone other than yourself). You can also have the papers served via substituted service (leaving them with someone of appropriate age at the tenant’s residence) or post-service on the tenant’s door with mailing.
Once the tenant receives the lawsuit, they have five days (excluding weekends and holidays) to file a Response to the court. This allows the tenant to contest the eviction and raise any defenses.
Step 4: Court Hearing and Judgment
If the tenant responds to the lawsuit, a court hearing will be scheduled, typically within 20 days of filing the unlawful detainer. At the hearing, both the landlord and tenant will have the opportunity to present evidence and argue their case before a judge.
- Prepare Your Evidence. Bring all relevant documents, including your lease agreement, the Three-Day Notice to Pay Rent or Quit, any proof of the tenant’s non-payment, and any communication you’ve had with the tenant.
- Tenant’s Defense. The tenant may also present evidence supporting their defenses. It’s important to understand the potential defenses they might raise so that you can address them effectively.
- Judge’s Decision. After hearing both sides, the judge will issue a judgment. If the judge rules in your favor, they will issue a Writ of Possession, which authorizes the sheriff to remove the tenant from the property.
There is always the chance that the tenant won’t show up. In this case, you’ll get a judgment in your favor.
Step 5: Writ of Possession and Sheriff’s Eviction
If the court rules in favor of the landlord and issues a Writ of Possession, this document gives the sheriff authority to physically remove the tenant from the property. The sheriff will schedule the eviction and give the tenant a final notice.
The sheriff will arrive at the property with a lockout crew and enforce the eviction by physically removing the tenant and their belongings. This is a last resort and typically occurs about five to seven days after the Writ of Possession is issued.
Step 6: Tenant Removal and Property Inspection
Once the tenant has been removed from the property, the landlord may take possession of the unit again. It’s important to inspect the property to document any damage, excessive wear, or cleaning that needs to be done. You are entitled to withhold funds from the tenant’s security deposit to cover damage, but you must provide an itemized list of any deductions.
Evicting a non-paying tenant in Los Angeles requires a clear understanding of both state and local laws. The process can be time-consuming and complicated, with multiple legal steps that must be followed precisely. As a landlord, it’s critical to stay within the boundaries of the law to avoid legal setbacks or penalties.
If you find the eviction process overwhelming or if you’re unsure about your rights or obligations, consult with our team of experienced property managers. We can ensure a smooth and lawful eviction. Contact us at Earnest Homes.
