Generally, in California, a landlord must give 30 or 60 days notice before terminating a tenancy. However, if the tenant has failed to pay rent, only a three-day notice is required. A three-day eviction notice must be in writing and must state certain facts, such as the amount of rent that is due. The notice must be properly served on the tenant. Next, if three days pass and the rent has not been paid, the landlord may file an unlawful detainer lawsuit in Superior Court. The court will hold a hearing where the landlord and the tenant can present their evidence and explain their case, after which a decision will be rendered by the court.
The court process is the only way to lawfully evict a tenant. Self-help measures, such as locking the tenant out, cutting off utilities, or removing the tenant’s belongings from the rental unit, are illegal. If a landlord uses illegal methods to evict a tenant, the landlord may be subject to liability for the tenant’s damages as well as a fine.