What are the legal steps to evict a California tenant for reasons other than non-payment, such as creating a nuisance or violating the lease?
To evict a California tenant for a nuisance or lease violation, you must serve a proper written notice and then, if they fail to comply, file an eviction lawsuit called an Unlawful Detainer. The specific notice depends on whether the violation is correctable.
Here are the legal steps to follow:
Step 1: Identify the Violation and Prepare the Correct Notice
First, determine if the violation can be fixed (curable) or not (incurable). For a curable violation, like an unauthorized pet or excessive noise, you must prepare a "3-Day Notice to Cure or Quit." For a serious, incurable violation, like committing a crime on the property or causing major damage, you prepare a "3-Day Unconditional Quit Notice." These forms are available online or from legal stationers.
Step 2: Legally Serve the Tenant with the Notice
You must formally serve the notice according to California Code of Civil Procedure Section 1162. The primary method is personal delivery to the tenant. If that is not possible, you can use substituted service by leaving it with another adult at the property and mailing a copy. As a last resort, you can post the notice on the door and mail a copy.
Step 3: Wait for the Notice Period to Expire
After serving the notice, you must wait the full three judicial days (excluding weekends and holidays). If the tenant corrects the violation ("cures") or moves out ("quits"), the process ends. If they do neither, you may proceed.
Step 4: File an Unlawful Detainer Lawsuit
If the tenant remains and has not cured the violation, you must go to the local Superior Court to file an eviction lawsuit. You will need to file a Summons (Form SUM-130) and a Complaint - Unlawful Detainer (Form UD-100). You will have to pay a court filing fee.
Step 5: Serve the Lawsuit and Await a Response
You must have another adult, not you, serve the tenant with a copy of the filed Summons and Complaint. The tenant then has a short period (usually 5 days) to file a legal response with the court. If they do, a trial date will be set. If they do not, you can ask the court for a default judgment.
Important considerations: The statewide Tenant Protection Act (Civil Code 1946.2) requires a "just cause" for most evictions, and lease violations or nuisances qualify as "at-fault just cause." However, many cities like Los Angeles and San Francisco have their own rent control laws with stricter notice requirements.
Note: You must follow these procedures exactly. Never attempt a "self-help" eviction by changing the locks, shutting off utilities, or physically removing the tenant or their belongings. These actions are illegal and will subject you to significant penalties.
This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney.
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This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 14, 2025
Real Estate
Housing, rental rights, and property laws
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