Evicting a tenant in Santa Cruz can be a challenging and resource-intensive endeavor. From delivering eviction notices to navigating the legal system, every stage necessitates careful compliance with state laws and regulations.
In this detailed overview, we will explore the eviction process in Santa Cruz and shed light on the potential costs landlords may face along the way.
The prospect of eviction can be distressing for both tenants and landlords. The process not only tends to be lengthy and costly but also involves extensive interactions with attorneys, the court system, and the tenants themselves. In legal terminology, evictions are classified as unlawful detainers.
Many property owners may not fully grasp the expenses and steps entailed in the eviction process. This article will outline the various costs associated with the eviction procedure and the steps you need to take.
Reasons for Eviction in Santa Cruz
The eviction process in Santa Cruz is governed by strict legal regulations aimed at ensuring fairness and protecting the rights of both landlords and tenants. If you find yourself needing to remove a tenant from your property, you must have a valid and legally recognized reason for the eviction.
Before we delve into how to evict a tenant, let’s examine the valid reasons for initiating an eviction.
At-Fault Evictions
In Santa Cruz, you can initiate an eviction case under any of the following circumstances:
Consistently late rent payments.
Incomplete rent payments or non-payment of rent.
Breach of the lease or rental agreement, without intent to rectify the situation.
Causing damage to the property.
Disrupting the peace and well-being of other tenants or neighbors.
Using the property for illegal activities.
When the landlord intends to move back into their property.
When the landlord wishes to relocate a family member into the property.
No-Fault Evictions
Under specific conditions, a tenant may be evicted if:
They continue to reside in the property after the lease has expired.
The rental agreement is terminated following proper notice.
Conversely, it is illegal to evict a tenant:
Based on discriminatory factors such as race, sex, religion, national origin, marital status, sexual orientation, number of children, job, physical or mental disability, or if the tenant is receiving public assistance.
As retaliation against the tenant for filing a complaint regarding maintenance issues, code violations, emergency service calls, or any other actions taken in good faith.
Steps to Evict a Tenant in Santa Cruz
To effectively evict tenants, you must adhere to the correct legal procedures. For instance, you cannot evict tenants by locking them out or attempting to force them out by cutting off essential services such as gas, water, or heat. Instead, you must follow the legally mandated eviction steps outlined below.
1. Give a Notice
Start the eviction process by serving your tenant with an initial notice, which informs them of the issue and what actions they need to take to resolve it. You must have a legal reason for the eviction, such as non-payment of rent, lease violations, property damage, disturbances, or illegal activities. The different types of notices include:
3-Day Notice to Pay Rent or Quit – for failure to pay rent.
3-Day Notice to Cure or Quit/Perform a Covenant or Quit – for curable violations, such as not maintaining the rental unit in a clean and sanitary manner or for having unauthorized pets.
3-Day Notice to Quit – for incurable violations, such as illegal activity, significant property damage, or criminal behavior.
30/60 Day Notice to Quit – for terminating the lease agreement, most commonly used for month-to-month tenancies.
The type of notice served to the tenant depends on various factors, including the lease agreement and whether the property is subsidized. For further information on different eviction notices, visit the California Courts website.
Important Note
Ensure that the notice you’re using contains all information required by California law. Errors or omissions in the notice may result in losing the case.
2. Serve the Notice
Once you have drafted the appropriate notice with all necessary requirements, you must serve it to the tenant. California courts allow three methods to serve tenants:
Hand delivering the notice to the tenant.
Giving the notice to an adult who will pass it to the tenant and mailing a copy.
Posting the notice at the tenant’s residence and mailing a copy.
For more details on how to serve an eviction notice, visit the California Courts Deliver the Notice webpage. Be sure to meet all service requirements, such as mailing the notice on the same day it is posted. If you have an attorney, they can assist you with this process. Keep a copy of the notice for your records and complete a proof of service. This will be crucial should the case escalate to court.
3. File with the Court
If your tenant does not comply with the notice, and the notice period has lapsed, you can file forms to initiate an eviction court case. To do this, gather copies of all relevant documents, including:
The lease or rental agreement and any modifications the tenant agreed to.
The eviction notice you served to the tenant.
Written proof that the tenant received the notice.
Any other critical communications your attorney should be aware of.
You will need to complete the following court forms:
Summons for Unlawful Detainer/Eviction
Complaint for Unlawful Detainer
Plaintiff’s Mandatory Cover Sheet for Supplemental Allegations
Civil Case Cover Sheet
Ask your attorney for assistance in filing these forms with the court. Make copies of everything submitted and post the summons and complaint at your tenant’s residence. Filing these forms can cost between $240 and $450, excluding attorney fees. Be sure to verify with your local courts for any additional forms you may need to submit.
4. Dismiss, Default Judgment, or Trial
Once you have successfully filed the summons and complaint with the court, you must serve these papers to your tenant. Unlike eviction notices, you cannot personally serve the summons and complaint; you must hire an adult server, who must be at least 18 years old and not involved in the eviction case.
The server's primary duty is to locate your tenant and personally deliver the filed papers. It’s essential for the server to document the address, date, and time of delivery. This information is necessary for completing a “Proof of Service of Summons” form, which must be filed with the court.
If the server cannot locate the tenant, you will need permission from the court to serve by posting.
After Serving the Eviction Summons and Complaint
Depending on how you served the tenant, they will have either 5 or 15 days to submit an answer. If you handed the summons and complaint directly to the tenant, they have 5 days, excluding weekends and court holidays. If you mailed or had someone else deliver the documents, they have 15 days to respond.
Three scenarios can unfold, each leading to different next steps:
Tenant Moves Out or Reaches an Agreement: If your tenant vacates or you reach a mutually agreeable solution, you can file forms to dismiss the eviction case.
Tenant Does Not Respond: If the tenant fails to respond by the deadline, you can request a default judgment. Upon receiving a default judgment, you may ask for a Clerk’s Judgment of Possession to regain access to your property. To do this, you will need to file the following forms:
Request for Entry of Default
Judgment-Unlawful Detainer
Writ of Possession of Real Property
After filing, you can provide the sheriff with your Writ of Possession form so they can inform the tenant they must vacate within five days. If they do not comply, the sheriff will forcibly remove them.
Tenant Files a Response: If the tenant submits an answer, they intend to contest the eviction. Once the tenant files a response, the trial will typically be scheduled within 20 days. If the tenant files pre-trial motions or requests formal discovery, additional delays may occur.
5. Court Decision
After hearing both sides, the judge will make a decision. They may side with you, allowing the tenant to vacate, or rule in favor of the tenant, permitting them to remain in your property.
If you win the case, a Writ of Possession will be issued. The sheriff will post this notice to the tenant within five to 15 days after the judgment, and the actual lockout will typically occur about a week later. Be prepared to meet the sheriff for the lockout and hire a locksmith to change the locks, preventing the tenant from accessing the property.
The judge may also order the tenant to pay back rent, damages, penalties, and associated costs (including attorney and court fees). Conversely, if the tenant prevails, you may be responsible for their costs related to the case.
Cost Breakdown
There are various fees associated with eviction. Overall, an eviction could cost you between $3,000 and $4,000 (excluding lost rent).
Attorney Fees
Hiring an attorney for eviction proceedings is essential, as they are well-versed in the law and can provide crucial assistance throughout the process. Attorney fees can range from a minimum of $500 to closer to $2,000 if the entire eviction process unfolds.
Court Fees
Filing a claim with the court is the first step in any eviction. Depending on your location, these fees may vary. In Santa Cruz, you might expect to pay between $250 and $450 for the initial filing, depending on the total case amount.
Lost Rent
One of the most significant and frustrating costs during an eviction is lost rent. Evictions can take months to resolve
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Logan Andren
Logan Andren is the founder and CEO of Andren Homes Property Management. Since launching the company, Logan and his dedicated team have simplified the rental property experience for numerous Santa Cruz homeowners. Their mission is to enhance the lives of their clients and community, focusing on providing exceptional service and fostering lasting relationships. DRE #02002055
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