Top 10 Mistakes Landlords Make When Trying to Do an Eviction
1. Using the Wrong Notice
Landlords frequently serve a notice that does not match the situation. For example, using a 3-Day Notice to Pay or Quit when the issue is a lease violation, or using a 30-Day Notice when a 60-Day Notice or just-cause notice is required. Notices must strictly comply with California law and, where applicable, local rent control ordinances. Many people bring in notices created by AI, but AI usually gets the notices wrong, not because the AI is flawed; rather, because the user does not give AI a correct prompt.
2. Miscalculating the Notice Period
Eviction notices must allow the full number of days required by law. Common mistakes include counting days incorrectly, failing to account for weekends and holidays, or not adding extra time when a notice is served by mail.
3. Improper Service of the Notice
Notices must be served using legally approved methods such as personal service, substitute service with mailing, or posting and mailing after reasonable diligence. Skipping steps or failing to mail the notice on the same day can invalidate the eviction.
4. Accepting Rent After the Notice Expires
Accepting rent after a notice has expired may waive the notice entirely. Even partial rent payments can undermine the eviction and force the landlord to start over.
5. Refusing Rent During Notice Period
Some landlords serve a three-day notice to pay or quit, but then refuse to accept full payment during the notice period. If full payment is tendered but not accepted, the eviction may be dismissed.
6. Naming the Wrong Parties
Landlords often fail to name all adult occupants, misspell tenant names, or omit unknown occupants. Anyone not properly named in the lawsuit may not be legally removed from the property.
7. Lack of Proper Documentation
Evictions require proof. Common problems include missing payment ledgers, incomplete rent records, lack of copies of notices, missing leases, or insufficient evidence of lease violations.
8. Retaliation or Discrimination Issues
If a tenant recently complained about repairs, habitability, or exercised legal rights, an eviction may be presumed retaliatory. Even unintentional retaliation can result in dismissal of the case.
9. Ignoring Habitability Problems
Serious habitability issues such as mold, lack of heat, plumbing failures, or infestations can prevent a landlord from successfully evicting for nonpayment of rent. Tenants may raise these issues as legal defenses.
10. Illegal Self-Help Evictions
Changing locks, shutting off utilities, removing doors, blocking access, or harassing tenants are illegal in California. These actions can expose landlords to significant penalties and damages.