How to Evict a Tenant for Non-Payment of Rent

Your tenant didn’t pay. The grace period came and went, the texts went unanswered, and now you’re trying to work out what to do. If you own a rental in Long Beach or anywhere else in California, you’ve probably figured out this is not a weekend DIY project.

This post is for owners holding a late-rent problem right now, and for owners who want a plan before it happens. We’ll cover the order of steps, the spots where cases get thrown out, what the timeline usually looks like, and when to bring in help. It’s general information, not legal advice. Statutes change, so confirm current rules before you act.

575
properties we manage
26
years in business
575
properties we manage

“575 | properties we manage ; 26 | years in business”

In This Guide

Start With the Lease and the Ledger

An eviction case is a paperwork case. The judge only knows what you can show.

Before you serve anything, pull together:

  • The signed lease: with the rent amount, due date and any addenda.
  • The payment ledger: every charge and every payment, with dates.
  • Communication records: texts, emails and portal messages about the late rent.
  • Past notices: anything you’ve already served and how you served it.

This is where software earns its keep. We run everything through AppFolio, which time-stamps rent charges and late payments. Property managers like Chloe work from that ledger, so the numbers on a notice match what the system shows. A clean ledger beats a memory every time.

Say an owner tracks rent in a notes app and gets the balance wrong by $50. Now the notice may be wrong, and a wrong notice can sink the case.

Don’t Wait, and Don’t Make Side Deals

Most owners lose money before they ever file. They hope. They text “just get me the rent by the 15th.” They wait.

Say a tenant stops paying in month two of a lease and rent is $2,500. If the owner waits three months hoping for a catch-up, that’s $7,500 in lost rent before any paperwork starts. The court won’t give that time back faster because you were patient.

Informal promises cause a second problem. A verbal “take a couple extra weeks” can muddy the timeline and give the tenant an argument later. If you want to give a payment plan, put it in writing, with dates, and talk to an attorney first.

One reviewer wrote that our team is “responsive and quick to respond which is extremely important if you want good tenants.” Speed matters with a late tenant too. The first week after a missed payment is the cheapest week to act.

Serve the 3-Day Notice Correctly

The legal process begins with a written notice to pay rent or quit. California’s unlawful detainer statutes (CCP § 1161) set the rules. Every later step depends on this one, so it has to be right.

What the Notice Covers

The notice gives the tenant three days to pay the rent owed or move out. Don’t assume that means three calendar days. Weekends and judicial holidays generally don’t count, so check the current statute and count carefully.

The notice also has to be specific about what’s owed and how to pay it. Check the current requirements before you draft.

Keep it to rent. Courts generally limit this notice to rent actually owed, so leave late fees, utilities and other charges off unless your attorney says otherwise.

How to Serve It

California lays out specific service methods. Try personal delivery first. Taping a notice to the door without first trying personal delivery and substituted service, or without also mailing a copy, can get a case dismissed or delayed, and it sends the owner back to square one.

Write down who served it, when, and how. If the tenant contests, that record is your proof.

Watch out

A wrong amount, a miscounted deadline or sloppy service can void the notice. You then restart the clock, and every day of delay is rent you aren’t collecting.

Check Which Rules Cover Your Unit

Not every rental follows the same playbook. Before you file, figure out which layers apply.

  • State just-cause rules: The Tenant Protection Act (Civil Code § 1946.2) may cover your unit. Nonpayment is an at-fault reason, but you still have to follow the procedure. Some homes are exempt, such as certain single-family homes with the required written notice, so confirm yours.
  • Local rules: The Long Beach just cause ordinance and other city tenant protections may add requirements on top of state law. Check whether your building is covered before you serve.
  • Section 8 and federally assisted housing: The notice covers only what the tenant owes, not the housing authority’s portion. Federally assisted properties can also carry longer notice rules, so confirm before you serve.
  • Different jurisdictions: Rules for unincorporated LA County or the City of Los Angeles don’t automatically apply inside city limits here.

We manage single-family homes, multi-family buildings, townhomes and condos, student housing and Section 8 properties. Each one has its own wrinkles, and that’s why we don’t use one template for all of them.

File the Unlawful Detainer

If the three days pass and the tenant neither pays nor leaves, the next step is filing an unlawful detainer complaint with the court. Los Angeles County Superior Court handles cases from this area, and the right courthouse depends on the property’s address. Filing in the wrong one can delay your case, so confirm the venue first.

Filing fees typically run a few hundred dollars and vary with the amount of rent claimed. Check the current fee schedule.

Then the tenant has to be formally served with the summons and complaint. You can’t hand it over yourself if you’re a party to the case, so use someone 18 or older who isn’t a party, such as a registered process server or the sheriff. After service, the tenant gets a short window to file a response. That deadline has changed in recent years, so confirm the current number of days with the court or your attorney.

Here’s the basic order of who does what:

StepWho handles it
3-day noticeLandlord or property manager
Complaint filedLandlord or attorney
Summons and complaint servedProcess server or sheriff
JudgmentThe court
Enforcing the writ of possessionThe sheriff, only

What the Timeline Looks Like

In an uncontested case in LA County, the time from serving the notice to a judge’s ruling depends on service and the court’s calendar. If the tenant contests, expect longer. Court calendars, service problems and defense arguments all add time.

Tenants don’t always stand alone either. A tenant may call a tenant lawyer or get help from groups like LiBRE Long Beach. That’s their right, and knowing tenants rights Long Beach residents can lean on makes you a better landlord. Tenant protections in this city are real, and you’ll want your paperwork ready for a fight even if one never comes.

Picture a landlord who serves a perfect notice and files on time. If the tenant raises a defense, the process still moves at the court’s pace. Good paperwork won’t make the court faster, but it will keep you from losing.

Only the Sheriff Removes the Tenant

Winning in court doesn’t hand you the keys. After judgment, the court issues a writ of possession, and the sheriff, and only the sheriff, enforces it.

You can’t change the locks, haul out belongings or shut off the water or power to push a tenant out. California treats those self-help moves as illegal, and the tenant can sue you for damages. A tenant who feels pushed can also raise harassment claims, and Long Beach tenant harassment ordinance questions are worth running past an attorney before you do anything creative.

Key takeaway

The legal route feels slow. Self-help is slower, because a tenant who sues you can turn a late-rent problem into a bigger bill than the rent you were chasing.

Winning Doesn’t Mean You Get Paid

Here’s a take that surprises owners. A judgment against a tenant is not the finish line. If the tenant is broke or gone, a money judgment may never pay out.

So the real win is getting the unit back as fast and as cleanly as the law allows, then re-renting it. Chasing a judgment can wait. Each week the unit sits empty costs real money, and rents here are competitive enough that a clean unit usually leases quickly.

That’s also why we put our effort into screening and into the lease. A well-written lease and a quick, correct 3-day notice do more for your return than any judgment. Single-family placements with us come with a one-year guarantee, which tells you how much weight we put on getting the tenant right at the start.

Plan for the Turnover

Evictions have a calendar here. Student tenants near CSULB sometimes vacate mid-lease without paying, and late May is a common time for that. If you own student housing, build a plan around the end of spring semester.

Once you have the unit back, move fast. We run maintenance coordination through Property Meld, and our median repair time is 3.7 days. One owner wrote in a review that our vendor took a home with ten years of wear and gave it repaired flooring and new paint “at a very affordable price.” Getting that done quickly keeps a vacancy short. Our overall vacancy rate sits at 4.0%.

When to Bring in Help

Plenty of owners can handle a quiet tenant who pays two weeks late. A tenant who’s gone silent, claims the unit is in bad shape or lives in a covered unit is a different story.

Bring in help if any of these are true:

  • The unit may fall under a just-cause or local protection rule.
  • The tenant is on Section 8 or in federally assisted housing.
  • The tenant responds to the notice with a defense or a complaint.
  • You’ve already made a verbal side deal.
  • You can’t tell which courthouse or which notice applies.

A hired attorney or a manager who handles evictions all the time can save you from a restart. Our team has handled non-payment cases across 575 properties over 26 years. If you’re comparing the best property management companies in Long Beach, CA, ask each one how they document delinquency and who handles the paperwork when a case goes to court. If a late-rent situation feels harder than it should, we’re open to a conversation.

FAQ

How long does an eviction for non-payment take in California?
In an uncontested case in LA County, the time from serving the notice to a judge’s ruling depends on service and the court’s calendar. Contested cases take longer.

Can I change the locks or shut off utilities on a tenant who won’t pay?
No. California treats lockouts, removing belongings and utility shutoffs as illegal self-help, and the tenant can sue you. Only the sheriff can carry out a lockout after you win in court.

Can I put late fees on the 3-day notice?
Generally, keep the notice to rent actually owed. Check the current statute and ask an attorney before adding late fees, utilities or other charges.

Does Section 8 change the eviction process?
It can. The notice covers only the tenant’s portion of rent, not the housing authority’s, and federally assisted housing may have longer notice rules. Confirm the current requirements before you serve anything.

Do I need an attorney to evict a tenant?
Many owners hire an eviction attorney or work with a manager who handles them, because one procedural slip can restart the case. Check with the court on what’s required for your type of ownership.

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