If there were a Landlord Bible, it might have begun as follows: “In the beginning was an apartment building. The landlord provided housing, and the tenant was expected to pay the rent or move out.” That Bible is now outdated. Over the past half-century, California’s approach to evictions-especially for nonpayment of rent-has transformed from a relatively simple, swift, and inexpensive process into a labyrinth of legal requirements, tenant protections, and costly delays. The evolution reflects broader societal changes, including a growing emphasis on tenant rights and housing stability, but it has also created significant challenges for landlords and the legal system.

Before the 1980s, the eviction process in California was far more straightforward. Landlords who encountered non-payment of rent could deliver a brief notice to the tenant-often as short as three days-demanding payment or vacating the premises. If the tenant neither paid nor left, the landlord could quickly file an unlawful detainer action in court. Eviction lawsuits were generally uncontested, with tenants rarely challenging the process or raising defenses. Courts moved swiftly, and sheriffs would execute lockouts promptly after a judgment. The entire process could be completed in as little as two to three weeks, and the costs were minimal, often limited to modest filing fees and minimal legal expenses ^1,2,3.

Tenant legal counsel was virtually unheard of, and there were few city-sponsored programs to assist tenants facing eviction. The percentage of contested evictions was low, and post-eviction litigation was rare. Landlords had significant leverage, and the risk of lengthy court battles or financial penalties for procedural errors was minimal.

Today, the eviction process in California is a far cry from its earlier incarnation. The legal landscape has been reshaped by a series of laws and regulations designed to protect tenants, many of which have been enacted since the 1980s and especially in the past decade.

The first step in the eviction process-serving a notice to pay rent or quit-remains, but now landlords must comply with strict rules regarding how and when notices are delivered. Tenants have an array of new legal defenses, including claims that the landlord failed to maintain the property, that the notice was improperly served, or that the eviction is retaliatory ³. In cases involving rent unpaid during the COVID-19 pandemic, additional notice requirements and declaration forms were mandated, further complicating the process.

City and county governments have established programs to provide free legal services to tenants facing eviction⁵. These programs have increased the number of tenants who contest evictions, as tenants are now more likely to have access to legal advice and representation.

While the base cost of an uncontested eviction can still be relatively low, contested cases can become expensive quickly². Attorney fees for contested evictions can easily reach low 5-figures and if the case goes to trial, costs can escalate from low-to-mid 5-figures ⁶. Courts are often overloaded, leading to delays in scheduling hearings and trials. Under new laws like AB 2347, tenants have more time to respond to eviction complaints – 10 court days (plus 5 more if served by mail) -and hearings on motions or demurrers must be held within 5-7 court days, but this can still slow the process significantly ⁷.

Tenants are more likely to demand settlements, negotiate payment terms plans, or raise procedural objections, all of which can prolong the eviction timeline and increase costs for landlords.

Even after a landlord wins an eviction lawsuit, the process is not over. The sheriff must serve a notice to vacate and, if the tenant does not leave, physically remove them. Delays in scheduling sheriff lockouts are common, sometimes adding weeks or months to the process ^{3, 1}. Post-eviction litigation – such as lawsuits for wrongful eviction or damages – has also become more frequent, further increasing the risk and expense for landlords.

The eviction process in California has evolved from a simple, landlord-friendly procedure to a complex, tenant-protective system fraught with delays, legal challenges, and high costs. While these changes have provided significant protections for tenants, they have also made it much harder for landlords to remove non-paying tenants quickly or inexpensively. The old Landlord Bible’s maxim-“pay the rent or move out”- has been replaced by a legal code that demands patience, resources, and a willingness to navigate an increasingly intricate process^8,7,3.

Sources: 1. https://martinezlawcenter.com/california-eviction-process-for-non-payment-of-rent/; 2. https://www.steadily.com/blog/eviction-cost-california; 3. https://www.hoffmanforde.com/blog/unlawful-detainer-in-california-and-how-to-protect-yourself/ 4. https://www.seiu2015.org/resources/renter-protection/ 5. https://dcba.lacounty.gov/trtc/ 6. https://dcba.lacounty.gov/trtc/ 7. https://www.goodlifemgmt.com/blog/ab-2347-eviction-rules-california/ 8. https://www.nolo.com/legal-encyclopedia/the-eviction-process-california-rules-landlords-property-managers.html

Written by Wesley V. Wellman

Wesley V. Wellman has been active in the financial services field for more than 40 years. His brokerage firm, Wellman Realty Company, specializes in multi-family and commercial investment property. Since the year 2000, Mr. Wellman has sold over $342 million of investment property. He is a Santa Monica apartment industry leader and is frequently quoted in the local press about rental property issues. He is one of the founding directors of the Action Apartment Association, which was formed in 1980. As an advisor, Mr. Wellman draws on a wealth of educational background in real estate, taxation, securities and estate planning.