In the State of California, when you need your tenants out of your property, you don't start with an eviction.

Instead, you start with a statutory procedure known as an unlawful detainer. If you are successful, you will then be able to use the Sheriff to force the tenant's out.

A landlord must go through the judicial process to get an eviction.

As a landlord, you must never try to evict your tenants without a court order. This is called a "self-help" eviction and could create more legal trouble for you than even your tenants might be facing.

This does not mean that you always need an attorney to do an eviction.

But it does mean that you always need a judicial order to do an eviction.

The first step in the Unlawful Detainer Process is that you must determine what type of notice you must give.

Before you commence several types of unlawful detainers, such as a 30 or 60-day notice, you will need to determine whether the tenant's unit is subject to California's Tenant Protection Act of 2019, also known as its legislative title of AB-1482.

If the tenant's property is in a multifamily property that you own, such as an apartment complex, it likely is.

But if it's located within a single-family home and you previously gave the tenant notice of AB-1482 exemption, it likely isn't. Nevertheless, you will want to do this research first because the answer can affect when and how you are allowed to evict.

After you have made the AB-1482 determination, you'll need to determine what type of notice to send.

Here are the most common categories of specific notice forms.

Keep in mind that certain Covid-19 rental debts may entitle a tenant to a 15-day, rather than a normal 3-day, notice, such as if the rental debt arose between Sep 1, 2020, and Sep 30, 2021.

The essential difference between a notice for a curable and incurable breach is that for a curable breach, you'll usually serve a notice known as a "3-Day Notice to Perform Covenants or Quit" which would give the Tenant 3 COURT days (not calendar days) to fix the problem ("cure the breach.")

But if the breach is incurable, then you would file a "3-Day Notice to Quit."

Although I hate to say this, I need to say this: If you have the ability to hire a lawyer or meet with a pro bono lawyer, it's likely going to help you and help you avoid having your unlawful detainer dismissed with prejudice, which will force you to start over.

This presentation is merely an overview of the laws and procedures required to commence an unlawful detainer in California. This is not to be considered legal advice and not to be considered advice applicable to any particular person or problem. You are not my client and I am not your attorney.

Do not rely on YouTube for legal advice applicable to any particular person or problem.

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