Owning rental property in California is a significant investment, but the state’s strict regulations can make managing a difficult tenancy feel like a constant battle. When a tenant stops paying rent or violates the terms of their lease, reclaiming your property can be challenging. Even a minor mistake on a notice or a missed deadline can require you to restart the entire case, resulting in months of lost revenue and expenses.
At Sinai Law Firm, we understand your desire for rapid resolution and control over your investment. As a seasoned attorney with over a decade of experience, Avi Sinai will provide the dedicated advocacy you need to navigate the complex eviction process in California. He can help you resolve your legal issues and get your property back to generating cash flow.
Legally Valid Reasons for Eviction
Under the Tenant Protection Act of 2019, most residential tenancies require a “just cause” (a legal reason) to remove a tenant who has lived in a property for at least one year. Common reasons that a tenant is at fault include:
- Non-payment of rent—one of the most frequent reasons for starting an eviction;
- Lease violations—violations include unauthorized pets, extra occupants, or sub-leasing without permission;
- Causing a nuisance—involves behavior that disturbs neighbors or causes significant property damage;
- Illegal activity—engaging in criminal acts on the property, such as drug-related activity; or
- Refusing access—repeatedly preventing the landlord from entering for repairs or inspections after giving proper notice.
Identifying the correct reason for eviction is the very first and most important step in building a solid and compelling legal case that can withstand scrutiny.
How Long Does It Take to Get Evicted for Not Paying Rent in California?
We understand that when rent stops coming in, the financial pressure on your mortgage and taxes begins to increase. Therefore, we will do everything possible to assist you in navigating this process efficiently. While each case is different, the following is a general timeline. Note: these ranges reflect the total time from the day we serve the first notice.
1. The Initial Notice (1 to 4 Days)
The process starts with a 3-Day Notice to Pay Rent or Quit. This notice provides the tenant with three business days to pay or vacate. These days do not include weekends or court holidays.
2. Filing the Lawsuit (5 to 10 Days)
If the tenant fails to comply with the notice requirements by the end of the specified period, we will not delay further. We will promptly initiate an eviction lawsuit to pursue the recovery of possession of the property.
3. Serving the Tenant and Waiting for a Response (20 to 30 Days)
We must serve the tenant with court papers. Once received, they have 10 business days to file a written response with the court. This change took effect on January 1, 2025, doubling the previous response time for tenants and adding approximately two weeks to the total timeline.
4. Requesting a Trial Date (30 to 55 Days)
If the tenant files a response, we will request a trial date. Courts aim to set these trials within 20 days of the request. If the tenant does not contest the case, we can often obtain a judgment within 30 to 55 days.
5. Final Judgment and Possession (55 to 75+ Days)
If the tenant does not contest the case, we can often secure a judgment for possession within approximately two months. If the case is contested or goes to a full trial, the process naturally takes longer. We will move as aggressively as possible to prevent unnecessary delays during this final phase.
The Court Process: The Unlawful Detainer Case
The court phase for an eviction is known as an unlawful detainer. This proceeding moves faster than standard lawsuits, but the court is extremely strict about paperwork. Even a minor typo in the rent amount can cause a judge to dismiss your case.
What Happens After an Eviction Judgment in California?
Winning in court does not give you the immediate right to change the locks; you must go through the proper process, which includes:
- Obtaining the writ of possession. The court clerk issues this document, which gives the sheriff the power to remove a tenant.
- Delivering the writ to the sheriff. We provide this to the Sheriff’s Department and pay the fees to schedule the lockout.
- The sheriff’s notice to vacate. The sheriff posts a Five-Day Notice to Vacate on the door as a final warning.
- The physical lockout. If the tenant remains after five days, the sheriff returns to physically remove them, and you must be present.
Once you complete the lockout, you restore your investment and regain legal control. The sheriff will require you to change the locks immediately, but we also recommend changing any codes or controlled smart systems on your property so the tenant cannot return.
Why Choose Sinai Law Firm for Your California Eviction?
Choosing the right legal partner is the most critical decision you will make when trying to reclaim your property. At Sinai Law Firm, you aren’t just another case number; you receive direct client engagement and the hands-on approach of a seasoned attorney with over a decade of experience in real estate law.
Avi is deeply committed to his clients’ financial success, operating on the core belief that you deserve a positive return on your legal fees. As a recognized subject matter expert who has written for the Los Angeles Times, Santa Monica Mirror, and the Huffington Post, he brings a strategic and results-driven approach to every case. Our goal is to increase the value of your real estate assets by mitigating financial losses and restoring your property to generating income as quickly as possible.
Regain Control of Your Property Today
The eviction process in California is too complex to handle alone. If a tenant is not paying or is damaging your property, do not wait. Contact Sinai Law Firm today for a consultation. Let’s execute a precise strategy for rapid resolution.
