Can I just change the locks to get my tenant out?

No — and this is one of the most expensive mistakes a landlord can make. California law strictly prohibits “self-help” evictions, which include changing the locks, removing the tenant’s belongings, or shutting off utilities to force them out. Even if the tenant has stopped paying rent or clearly violated the lease, you must go through the formal eviction process. Doing otherwise exposes you to significant liability — including the tenant’s actual damages, punitive damages, and attorney’s fees. Only after a court has issued a judgment and a writ of possession has been enforced by the Sheriff may you legally change the locks.

My tenant hasn’t paid rent. What’s my first step?

The first step is serving a properly prepared 3-Day Notice to Pay Rent or Quit. This notice must include the exact amount of rent owed, the period it covers, and specific language required by California law. A defective notice can result in your eviction case being dismissed — requiring you to start over and lose valuable time and rental income.

Having my office prepare the notice on law firm letterhead often prompts payment or voluntary departure on its own. If the tenant still doesn’t pay or vacate once the three-day period expires, we can file the unlawful detainer action immediately.

My tenant is violating the lease but hasn’t missed rent. Can I still evict?

Yes. Nonpayment is just one of several legal grounds for eviction in California. Lease violations — such as keeping unauthorized pets, subletting without consent, exceeding the occupancy limit, creating a nuisance, or engaging in illegal activity — can all support an eviction. The type of notice required and whether the tenant has an opportunity to “cure” the violation depends on the nature of the breach. Contact my office to discuss the specifics of your situation before taking action.

What can I do about noise complaints, parties, or suspected drug activity?

Disruptive behavior, nuisance conduct, and illegal activity are all potential grounds for eviction. Your first step is thorough documentation — neighbor complaints, communications with the tenant, and any evidence of the conduct itself. If illegal activity is involved, coordinate with local law enforcement and preserve any police reports or incident records.

California law allows landlords to serve a 3-Day Notice to Quit without any opportunity to cure in cases involving serious nuisance or criminal conduct. However, the notice must be properly prepared and the evidence must support the claim. I can help you evaluate your situation and determine the right course of action.

Can I evict a tenant for having too many people in the unit?

Possibly. If your lease limits the number of occupants and a tenant has violated that restriction with long-term guests or unauthorized residents, you may have grounds for eviction. However, your occupancy limits must comply with applicable fair housing laws — both federal and California law place restrictions on how restrictive occupancy policies can be. If your lease is lawfully drafted and the tenant is in violation, a properly served notice is the appropriate first step. Call my office to review your lease and your options.

How do I screen tenants without running into fair housing issues?

Thorough screening is your single best tool for avoiding future eviction problems. You may lawfully review an applicant’s credit history, verify income and employment, contact prior landlords, and run background checks. What you may not do is reject applicants based on race, color, national origin, religion, sex, familial status, disability, or any other protected category under federal or California fair housing law. California law also extends protection to additional categories, including source of income in many jurisdictions.

A consistent, written screening policy applied uniformly to all applicants is your best protection against discrimination claims. I can help you review or develop a compliant screening process.

How often and under what circumstances can I enter my rental property?

California law strictly limits a landlord’s right to enter an occupied rental unit. You may enter without notice only in a genuine emergency. In all other situations, you must provide at least 24 hours’ written notice before entering — and entry must occur during normal business hours for a lawful purpose, such as making repairs, showing the unit to prospective tenants or buyers, or conducting an inspection at the end of the tenancy. You may not conduct random or harassing inspections. You may, however, observe the exterior of the property at any time.

My tenant filed for bankruptcy. What happens to my eviction?

A bankruptcy filing triggers an “automatic stay,” which temporarily halts most collection actions and court proceedings — including evictions. However, a landlord can file a motion for relief from the automatic stay in bankruptcy court to allow the eviction to proceed. The timing and strategy of that motion are critical. If your tenant has filed for bankruptcy during an active eviction, contact my office immediately so we can respond as quickly as possible.

Should I consider a cash-for-keys agreement instead of eviction?

It depends on your specific circumstances. A cash-for-keys agreement — where you offer the tenant a sum of money in exchange for a voluntary move-out by a specified date — can save time and money compared to a full eviction proceeding, particularly if the tenant is likely to contest the case or cause damage on the way out. That said, some tenants use the negotiation to buy time without any intention of following through.

I can help you evaluate whether a negotiated resolution makes sense, draft a legally enforceable agreement if you decide to proceed, or move forward with the formal eviction process if negotiation isn’t the right path.

What are the most common mistakes landlords make in the eviction process?

• Serving the wrong type of notice for the situation
• Errors in the notice itself — incorrect rent amount, missing required language, or wrong calculation of the notice period
• Improper service of the notice
• Attempting self-help evictions (changing locks, removing belongings, shutting off utilities)
• Filing the eviction too early or too late after the notice expires
• Failing to comply with local rent control or just-cause eviction ordinances
• Not consulting an attorney before taking action in complex situations

Any of these errors can result in dismissal of your case, requiring you to start over — costing you additional months of lost rent. A brief consultation before you act can save you significant time and money.