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If a Tenant in California is in violation of their lease, either by breaking the terms of lease or by not timely paying rent, the first thing the Landlord should do is serve them with a California 3-Day Eviction Notice.

Serving the 3-Day Notice to the tenant can be accomplished in one of three ways:

1. Personal Service. This is one of the quickest ways to serve a tenant. The landlord must go to the tenant's residence or place of work and physically hand them the 3-Day Notice to vacate. If the tenant refuses to accept it, you can leave it there with them.
2. Substituted Service. If the landlord cannot find the tenant, the landlord can leave the notice with someone who is of "suitable age and discretion" at the tenant's home or workplace, AND the landlord must mail the notice to the tenant's home. A person of "suitable age and discretion" would be somebody no younger than a teenager. The 3 day notice period (3 days you have to wait before filing an Unlawful Detainer lawsuit) begins one day after the landlord has completed both of these requirements.
3. Posting and Mailing. If the tenant cannot be served, another way of accomplishing service is to post (by taping, tacking, or nailing) the 3-Day Notice to the front door of the rental unit, AND to mail the notice to the rental address. Both of these steps must be accomplished for this kind of service to be effective, and the 3 day notice period begins one day after the landlord has done both. Be sure you make copies of everything you send and post so you have proof for the judge. It is also good to have witnesses when posting the notice.

Unlawful Detainer
If the tenant does not pay the rent or cure the default within those 3 days given to them in the notice, the landlord must start an "Unlawful Detainer" lawsuit to evict the tenant. This court case is started in the Superior Court for the county the property is located in. Ask the court clerk for the appropriate form to fill out to start your case. Once your case is filed, the tenant will be served the lawsuit by the court, and will have 5 days to file a written answer. If the tenant does not answer within the 5 days, you will be given a "Writ of Possession" order. If the tenant answers on time, you and the tenant will have to go in front of the judge to plead your case. This is usually within 20 days, and the court will let you know when it is. When you go to court, make sure you bring evidence of the tenant's violations, a copy of the lease, and proof of the 3-Day Notice. If you win the case, the court will issue a writ of possession.

Writ of Possession
Once the landlord wins the case, the Writ of Possession gives the tenant 5 days to move. If they do not move at the end of 5 days, the Sherriff can come physically move out the tenant along with their property (landlord must request this). Note, ONLY the sheriff can remove the tenant. The landlord may never use "self-help" to evict the tenant at any point. Along with the Writ of Possession, the court can also award the landlord back rent, damages, and sometimes attorney's fees. If the tenant acted maliciously, the court will sometimes add an additional fine.

When you are beginning the Eviction Process, it is important to remember that this is a legal procedure. Act professional and keep good records at all times. For example, be sure to keep multiple copies of all letters and documents you deliver to your tenant. If your tenant does not leave after receiving your eviction notice, you may need to prove to a judge later that you in fact properly delivered that eviction notice.

If you end up having to file an eviction case, always make sure you file your eviction case in the right court. Every state is broken up into different jurisdictions, and you must file in the correct jurisdiction. You can usually figure out where to file by doing some research on your state's website. When you go to file your eviction case, the clerk's office will tell you if you are in the right place, and if you are not, they are usually very helpful. Always treat court clerks kindly and with respect, and they will go the extra mile for you.

If you end up having to go to court, there are a few simple rules to follow. Show up early for your court date and politely ask the court clerk where to go. Always dress professionally or they might not let you in the courtroom. DO NOT allow your cell phone to ring in the Courtroom! Many judges impose $500.00 fines or confiscate your phone for over a week! Most of the time you will sit in the Courtroom and the judge will come out and give everyone instructions. He will then begin calling cases. Address the Judge as "Your Honor" or "Judge." Make sure to bring a copy of your Eviction Notice, your Lease, and any evidence you need, such as witnesses, lease violations, pictures, etc. Always be honest, even if it is to your disadvantage. A perjury conviction is worse than losing an Eviction case.