How To Evict a Non‑Paying Tenant in California

By Kevin Smith

Kevin has excellent interpersonal skills; a strong negotiator, client focused service, and detailed familiarity with conventional sales, investments, and technology. He is also skilled at building effective and productive relationships aimed at retaining and creating new business opportunities.

How do you deal with tenants who won’t pay rent? Dealing with tenants who won’t pay rent can be challenging, especially in California, where eviction laws heavily favor tenants. If you make a mistake, like missing a signature or mailing a notice incorrectly, the entire eviction process starts over from the beginning.

Here’s a story about one of my clients. They had tenants who moved in before 2020 and paid their rent on time for years. Then, in November 2023, the tenants stopped paying. By May 2025, they owed about $33,600 in unpaid rent.

During this time, the property owner had to keep paying their mortgage, insurance, HOA fees, property taxes, and utilities, which were still in the tenant’s name. With nearly $18,000 in attorney fees added, the total cost exceeded $50,000 before the eviction was finally completed.

What should have taken only three to four weeks turned into a year and a half because of court delays and legal complications. Court schedules are busy, and even small mistakes can lead to delays, costing landlords even more money.

If you’re a landlord, understanding how to handle this process is crucial for protecting your investment. Here are six essential steps for evicting a tenant correctly:

1. Serve a three-day notice to pay or quit. This notice should only include the past-due rent, excluding late fees or penalties. Deliver it during business days. If possible, hand it to the tenant, post a copy on the door, and send another via registered mail so someone must sign for it.

2. File the unlawful detainer with no errors. You need to hire a lawyer for this because many landlords make mistakes in this step of the process. An eviction attorney can be very helpful and while it may seem costly, it can save you from having to restart the process due to errors.

3. Ensure proper service of the summons. Once the tenant is served, they have five days to respond. Use a professional process server to deliver the summons; this provides the proof required by the court and eliminates the tenant’s defense of “I never got it.”

4. Wait for the response window to close. During the five days, do not contact the tenant, shut off utilities, or visit the property. Any perceived harassment can weaken your case.

5. Attend the court hearing prepared. Be ready with all necessary documentation. Court dates may be weeks away, so ensure you bring everything you need. Forgetting even a small item could lead to your case being dismissed.

6. Schedule the sheriff’s lockout and change the locks. After receiving a judgment, the sheriff will post a five-day notice to vacate. If the tenant doesn’t leave, deputies will return to remove them. Have a locksmith ready; once the tenant is out, you need immediate property control.

On paper, a textbook eviction might wrap up in 21 days. In my client’s case, it took 547 days. During those 18 months, my client paid every carrying cost while rent went unpaid, all because California’s system demanded perfection at each step. It’s frustrating to think that tenants often have more rights than property owners, but that’s the reality in California right now.

If you own a rental property in California, it’s important to understand these steps before a tenant misses a payment. If you’re currently dealing with a tenant who has stopped paying rent, I’m here to help. The process is complicated, but knowing the steps can make it easier to manage.

Don’t hesitate to reach out. Contact me at (619) 379-7664 or kwsmith3443@gmail.com. You can also visit kevinsmithsells.com. It’s always better to ask for help before rent stops coming in, and we’re here for you.