California evictions run through the unlawful detainer process. Under Code of Civil Procedure § 1161, nonpayment requires a 3-day notice to pay rent or quit (excluding weekends and holidays), and lease violations require a 3-day notice to cure or quit. No-fault terminations of covered tenancies require 30, 60, or 90 days. Self-help lockouts are illegal.
A landlord cannot remove a tenant without a court judgment. Code of Civil Procedure § 1161(2) requires "three days' notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring its payment" for unpaid rent, and § 1161(3) requires a 3-day notice to perform a lease covenant or quit for curable breaches. The pay-or-quit notice must state the amount due and how to pay. After the notice expires without compliance, the landlord files an unlawful detainer; the tenant generally has five days to respond, and a contested case goes to trial. For AB 1482 covered units, no-fault just-cause terminations require 30, 60, or 90 days' notice depending on the ground.
Only a sheriff may carry out a lockout after a judgment. A landlord who locks out a tenant, removes belongings, or cuts utilities is liable under Civ. Code § 789.3 for actual damages plus $100 per day (minimum $250).
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Bostonia, CA
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Bostonia, CA
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