Can A Landlord Physically Evict A Renter?
No. A landlord cannot engage in what is called “self help” by taking actions to physically evict a tenant or physically prevent a tenant from entering the residence. The only legal eviction action a landlord has is to sue for unlawful detainer. Only a sheriff or other court officer can physically remove a tenant from a residence, and only after a judge has entered an unlawful detainer order.
Other California Terminations and Evictions FAQs
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Q:
What Is An Unlawful Detainer Action?
A: Under California Civil Code Section 1951.3 an “unlawful detainer” is the court action a landlord must bring in order to evict a tenant. If the landlord … More -
Q:
I Lost In Court And Will Be Evicted, What Can I Do Now?
A: California Code of Civil Procedure Section 1176 allows a “stay” of the judgment when the evicted party will suffer extreme hardship by being evicted. After … More -
Q:
Will My Eviction Action Be Heard By A Jury Or Judge?
A: In California you have the right to have a jury decide your eviction action. If the landlord does not initially request a jury the tenant may request a jury trial. To … More -
Q:
Is A Landlord Responsible For A Tenants Illegal Activities Or Creation Of A Nuisance?
A: A landlord may initiate an unlawful detainer action in court to evict a tenant who uses the property to do something illegal, or becomes a serious nuisance to other … More
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