Can I Evict My Tenant Without Going To Court?

The short answer is “No”.

California has adopted a specific statutory scheme to supplant the common law “self-help” remedy for evicting a tenant. In short, California Law, prohibits the landlord from forcibly entering onto the rental property to evict a tenant without a lawful judgment and writ of possession. No person out of possession of the property may resort to “self-help” remedies. The fact that the landlord has legal title to the property is legally insignificant. This statutory procedure can be found in Code of Civil Procedure §§1159-1179a.

A landlord’s failure to follow the rules can result in significant monetary damages and possible criminal prosecution. More specifically, a landlord is prohibited from doing the following: (1) violently breaking into any real property (rental or otherwise), and (2) after a peaceful entry, expelling the party in possession by violence or threats. (CCP § 1159(1) and (2). Here, the “party in possession” refers to any person who “hires” (rents) real property. This includes boarders and lodgers in residential hotels. [See CCP § 1940(a). California case law holds that an unlawful “forcible” entry does not necessarily require the exertion of force or threats against the occupant. For example, under California law, a person commits “forcible entry” when unlawful access is gained by using a locksmith to change the locks.

An unlawful forcible entry or detainer may also occur where the tenant is displaced with the by a marshal or sheriff acting under a defective writ of possession. There are numerous other situations where a landlord can violate the prohibition against the use of self-help to force a tenant out of the property. Thus, landlords must be very careful not to do anything that can be interpreted as forcible removal of the tenant without the use of a proper notice, and successful prosecution of an Unlawful Detainer lawsuit against the tenant.

Call us at 888-441-2355 to discuss these issues further or if you are ready to start an eviction case. We will ensure the process goes as smoothly and quickly as possible, to minimize any adverse consequences associated with evicting an unwanted tenant.