Landlord Tenant Legal Terms and Definitions:
3-Day Notice: See the applicable “Three-Day Notice” below.
30-Day Notice: The notice used to alert a tenant of the landlords intent to terminate the tenancy. A 30-Day notice is required for tenants who have occupied the premises for less than one year.
60-Day Notice: The notice used to alert a tenant of the landlords intent to terminate the tenancy. A 60-Day notice is required for tenants who have occupied the premises for a year or more.
AB 1482 — California Tenant Protection Act of 2019: AB 1482 established statewide protections for many California residential tenants, including limits on annual rent increases and requirements for just-cause evictions after a qualifying period of tenancy. For covered properties, the annual rent increase is generally limited to 5% plus the applicable regional cost-of-living adjustment, subject to a 10% maximum. Certain properties and tenancies are exempt, so landlords should determine whether a particular property is covered before relying on these provisions.
Adverse Possession: Adverse possession is a legal doctrine under which a person who occupies property belonging to someone else may, under specific circumstances, eventually acquire a legal interest in that property. California law imposes several requirements, including continuous and qualifying possession for the statutory period and payment of applicable property taxes. Merely occupying someone else’s property for five years does not automatically establish ownership. The requirements of California law must be satisfied before an adverse-possession claim can succeed.
Answer: The legal response by a tenant to an Unlawful Detainer lawsuit.
Contested Case: A case where the tenant has filed an answer to the lawsuit, or filed a motion questioning some possible deficiency in the lawsuit or the service of the summons and complaint.
Central Justice Center (CJC) — Santa Ana: The Central Justice Center is an Orange County Superior Court facility located in Santa Ana. It handles civil matters, including Unlawful Detainer proceedings. Landlords and tenants involved in Orange County eviction cases should confirm the current filing location, courtroom assignment, and hearing location with the Orange County Superior Court because court procedures and locations can change.
Civil Code § 789.3 — Prohibited Self-Help Eviction: California law generally prohibits landlords from using self-help measures to force a tenant out of a rental property without following the lawful eviction process. Prohibited conduct can include unlawfully changing the locks, shutting off essential utilities, or removing doors or windows for the purpose of forcing a tenant to leave. Violations can expose a landlord to statutory damages, attorney’s fees, and other legal consequences.
Costa-Hawkins Rental Housing Act: The Costa-Hawkins Rental Housing Act, found primarily in Civil Code § 1954.50 and following sections, limits the ability of local governments to impose rent-control restrictions on certain types of residential property. Among other exemptions, the law generally excludes many single-family homes, condominiums, and newer construction from local rent-control ordinances. However, a property that is exempt from local rent control may still be subject to other California tenant protections, including AB 1482, unless a separate exemption applies and the required notice is provided.
Demurrer: A demurrer is a formal legal challenge to the sufficiency of an Unlawful Detainer complaint. Rather than addressing the underlying facts at trial, the tenant argues that the complaint has a legal defect that prevents the case from proceeding as filed. Potential issues can include defects in the notice, pleading requirements, or other legal deficiencies. If the court sustains a demurrer, the landlord may be required to amend the complaint before the case can proceed.
Default Judgment & Clerk’s Judgment for Possession: A default judgment may be entered when a tenant fails to respond to an Unlawful Detainer lawsuit within the applicable legal deadline after proper service. In an appropriate case, the landlord may seek a judgment for possession without proceeding to a contested trial. The exact procedure depends on the circumstances of the case and whether the tenant has filed a legally valid response.
Eviction: The result of a court proceeding used by a landlord to remove a tenant from a property because he violated the rental agreement or refused to leave after a notice to end the tenancy. Also known as an unlawful detainer.
Fixed Term Tenancy: Property is rented for a fixed period of time, such as a year or more, and is normally formalized with a written lease.
Holdover Tenant: When a tenant continues to occupy the premises after the tenancy has been terminated.
Just Cause Eviction (At-Fault vs. No-Fault): California’s Tenant Protection Act, including Civil Code § 1946.2, and certain local ordinances require landlords to establish a legally recognized reason when terminating a tenancy that is covered by just-cause protections. An at-fault eviction is based on conduct or circumstances attributable to the tenant, such as failing to pay rent, violating the rental agreement, or creating a nuisance. A no-fault eviction occurs for reasons not based on tenant misconduct, such as an owner’s qualifying move into the property or certain substantial renovations. Additional notice and relocation-assistance requirements may apply to no-fault terminations.
Lease Agreement: Generally it’s a rental agreement that lists a specific expiration date or the total amount of rent to be collected for the term. The most common is a one-year lease, specifying that rent is due each month.
Motion to Quash Service of Summons: A Motion to Quash is a request by a defendant challenging the court’s jurisdiction or the manner in which the summons and complaint were served. In an eviction case, a tenant may argue that service did not comply with California’s legal requirements. A successful challenge can affect the timing of the case and may require the landlord to properly serve the documents before the eviction action can continue.
Notice of Right to Reclaim Abandoned Property: When a tenant leaves personal property behind after vacating or being removed from a rental property, California law establishes procedures that landlords generally must follow before disposing of or selling those belongings. The landlord may be required to provide a written notice describing the property, explaining how it can be reclaimed, identifying applicable deadlines, and providing information about potential storage or sale of the property. Special rules apply depending on the estimated value of the belongings and the circumstances under which they were left behind.
Nuisance: Bothersome activities under the tenant’s control which interferes with the neighbors’ use and enjoyment of their property.
Periodic Tenancy: A tenancy for an unspecified period of time, where rent is paid each period, such as each month. The notice given is required to be the same as the period of rent. A fixed term tenancy becomes a periodic tenancy after the expiration of the fixed term if rent is accepted beyond the fixed term expiration. For example, at the expiration of a one-year lease where the tenant was paying rent each month, if the landlord accepts rent past the lease expiration it becomes a month-to-month periodic tenancy.
Prejudgment Claim of Right of Possession: Used to give unnamed occupants notice that there is a lawsuit to determine who has a right to possession of the premises. Only a sheriff, marshal, or process server can serve this along with the summons and complaint.
Physical Lockout / Sheriff’s Restoration of Possession: A physical lockout is the final stage of an eviction after a court judgment and Writ of Possession have been obtained. The sheriff’s department carries out the eviction according to the writ and applicable procedures, removes occupants who remain after the deadline, and restores possession of the property to the party entitled to possession. The landlord or an authorized representative may need to be present and arrange for a locksmith when required.
Prejudgment Claim of Right to Possession (CP10.5): A Prejudgment Claim of Right to Possession is a court form used in certain eviction cases to provide individuals who may not be named as defendants an opportunity to assert a claim to possession of the property before the case reaches the enforcement stage. Proper use of the procedure can help identify additional occupants who may have a legal claim to possession and can affect how the eventual judgment and eviction are enforced. Landlords should follow California’s service and filing requirements carefully when using this procedure.
Proof of Service: a procedure used to give legal notice to someone. Depending on the type of legal notice, the law dictates who, where, and how the notice is allowed to be served. Some notices need to be filed with the court, and a form known as a “Proof of Service” is filled out by the person who served the notice and filed with the clerk.
Rental Agreement: Unlike a lease for a set term, a rental agreement is used in a periodic tenancy.
Relocation Assistance: Relocation assistance is a payment that may be required when a landlord terminates a tenancy under certain no-fault just-cause provisions. Under California law, qualifying tenants generally must receive an amount equal to one month’s rent, either as a direct payment or through a lawful waiver of the tenant’s final month’s rent. Local ordinances may impose additional or different relocation requirements.
San Diego Eviction Law: a part of the San Diego Municipal Code provides that for tenants who have occupied the premises for two years, the landlord must include the reason which justifies the eviction in the eviction notice. This is known as a “Just Cause” statute.
SB 567 — Tenant Protection Act Amendments: SB 567 strengthened California’s rules governing certain no-fault evictions and established additional requirements for landlords relying on owner move-in or substantial-remodeling grounds. For qualifying owner move-ins, the owner or qualifying family member generally must move into the property within the required timeframe and occupy it as a primary residence for the required period. Substantial-remodeling evictions may require supporting documentation, including permits or other evidence demonstrating that the claimed work qualifies under the law.
Sheriff’s Notice to Vacate: After receiving and processing a Writ of Possession, the sheriff may post a notice at the property informing the occupants that they must vacate by the deadline stated in the notice. In an Orange County eviction, the sheriff’s notice provides the occupants with the final period allowed before the sheriff may carry out the physical eviction.
Stipulated Agreement / Conditional Settlement: A stipulated agreement is a settlement negotiated between the landlord and tenant that establishes the terms for resolving the eviction case. The agreement may specify a move-out date, payment obligations, possession of the property, or other conditions. In some cases, the parties may agree to an enforceable judgment or other court order that takes effect if the tenant fails to comply with the settlement terms.
Summary Judgment: Summary judgment is a procedure that allows a party to request judgment without a full trial when the relevant facts are not genuinely disputed and the moving party is entitled to judgment as a matter of law. In an Unlawful Detainer case, this procedure may be available in appropriate circumstances, but it is subject to specific statutory requirements and procedural rules.
Summons: A legal order served on a person requiring that they appear in court.
Tenancy: The use of a property by one person, which belongs to another person, formalized in a rental agreement or lease, depending on whether it’s a periodic tenancy or a fixed term tenancy.
Three-Day Notice to Pay or Quit: The notice given to the tenant to pay rent due or vacate the property and the tenancy will be terminated.
Three-Day Notice to Perform Covenant or Quit: The notice given to a tenant who is in violation of the lease to remedy the violation or vacate the property and the tenancy will be terminated.
Three-Day Notice to Quit: An unconditional notice given to tenant demanding they move out and return the premises to the landlord. This notice is appropriate only if a few situations, such as illegal use of the property.
Uncontested Case: A case where the tenant has failed to respond to the unlawful detainer summons and complaint in allowed time.
Unlawful Detainer: A summary proceedings lawsuit used by a landlord to recover possession of their premises. The Unlawful Detainer Complaint can be filed after the tenant fails to respond to the eviction notice within the allowed time.
Waste: Permanent harm done to a property by a tenant.
Writ of Possession (EJ-130): A Writ of Possession is a court-issued order that authorizes the sheriff or other authorized officer to enforce a judgment for possession of real property. After an eviction judgment is entered and the required procedures are completed, the writ directs the appropriate law-enforcement agency to restore possession of the property to the person entitled to it.
