Forcible Detainer Eviction in California

Updated 5/20/24

What is a forcible detainer?

In California, A forcible detainer is a legal action taken by a property owner or landlord to regain possession of property from a tenant or occupant who refuses to leave after their right to occupy the property has ended. This often occurs after a lease has expired, been terminated, or if the occupant is unlawfully residing on the property.

Related: How to evict squatters in California

What is the process of a forcible detainer?

Forcible detainer actions typically follow the same process of a regular eviction of when a tenant refuses to pay rent or refuses to follow your rental agreement.

Notice to vacate

The notice to vacate informs the tenant that they must leave the property by a specific date. It is the first step in initiating a forcible detainer action. The type and duration of the notice depend on the reason for eviction and local laws. Common types include pay rent or quit, cure or quit or notice to vacate without cause.

The notice must be in writing and include the reason for the eviction as well as the deadline for vacating and any other requirement local laws establish.

The notice must be delivered according to legal standards, which may include personal delivery, posting on the door, or sending via certified mail.

Related: How To Serve and File An Eviction Notice

Filing a forcible detainer complaint

If the tenant does not comply with the notice to vacate, the landlord files a formal complaint with the court to start the legal eviction process. The landlord completes a complaint form, which includes details about the tenancy, reasons for eviction, and proof that the notice to vacate was given properly.

The landlord must provide copies of the lease agreement, the notice to vacate, and any other relevant documents to support their forcible detainer case.

Court Hearing

The court hearing allows both the landlord and tenant to present their arguments and evidence. The court schedules a hearing, typically within a few weeks of the complaint being filed. Both parties are notified of the hearing date and time. The tenant receives a summons along with the complaint, informing them of the lawsuit and the hearing.

At the hearing, the landlord presents evidence of the lease agreement, the notice to vacate, and reasons for eviction. The tenant can present their defense and any counterclaims. The judge considers the evidence and arguments from both sides before making a decision.

Judgment

The court issues a judgment determining whether the tenant must vacate the property.

If the court rules in favor of the landlord, it issues a judgment for possession, ordering the tenant to vacate. The tenant may have the right to appeal the decision within a specific timeframe, depending on local laws.

Related: How Long Does It Take To Evict A Tenant?

Eviction

If the tenant does not leave voluntarily, the landlord can enforce the court’s judgment through a formal eviction.

The landlord applies for a writ of possession from the court. This legal document authorizes law enforcement to remove the tenant. Law enforcement officers (e.g., sheriff’s deputies) serve the writ of possession to the tenant and oversee the physical eviction.

The tenant is given a final notice of the eviction date, which is usually a few days after the writ is served. On the scheduled date, officers remove the tenant and their belongings from the property, ensuring the landlord regains possession.

As you can see, a forcible detainer action follows your typical eviction case. One might say, that the only real difference is that a forcible detainer situation usually arrises where a tenant refuses to vacate the rental premises even after the landlord has notified the tenant they don’t plan on renewing the lease.