How To Evict A Tenant In California With No Lease?

You’ve got someone living at your property, maybe a friend who moved in and never left, or a tenant whose lease expired months ago, but they’re still hanging around. Whatever the case, they don’t have a lease, and you’re wondering how to evict a tenant in California with no lease.

Can you evict someone without a lease in California? The short answer is, yes. But it’s not as simple as asking them to pack up and go. Even when there’s no lease, California law still gives tenants rights, and landlords have to follow the official legal process to evict them.

To evict, you often need a “Just Cause” legal reason (like unpaid rent, property damage, refusing to leave after notice, or simply wanting your property for your own use) and you need to follow the correct procedure.

Step-By-Step: How To Evict A Tenant In California With No Lease

Here’s a step-by-step overview explaining how to evict a tenant without a lease the right way.

1.  Figure Out The Type Of No Lease Tenancy That Applies In Your Case

The type of tenancy in place affects the kind of notice you need to give to your tenant informing them that they need to move out.

• If they’re paying rent monthly, they’re likely a Month-to-Month tenant and notice is required.

• Even when there’s no rent requirement in your agreement, if they’ve been living there for a while, they might be considered an At Will tenant under the law, and you’ll have to serve notice.

• People occupying a rental without a new lease after a fixed term lease ends (Holdover Tenants) also have tenant’s rights, but you may not need to give notice before starting a court case to evict them.

2. Determine If You Need A “Just Cause” Reason For Eviction

You don’t need a “Just Cause” reason to evict if your property was built in the last 15 years, you live at the property with your tenant (in the same home or one half of a duplex) or the tenant has lived at the rental for less than 1 year.

Otherwise, when the tenant is at fault, the “Just Cause” reasons for eviction in California with no lease are:

• Nonpayment of rent: When a tenant fails to pay rent, or “holds over” without paying rent when a lease ends, you have grounds to evict them.

• Violation of rules: Even when there’s no written lease, tenants should follow basic rules. Illegal activity, property damage, or the violation of any reasonable rules you specified in your agreement with the tenant are grounds for eviction.

Can you evict someone without a lease in California if you need the property for yourself? Yes, you can. If you want to live in the property yourself, withdraw it from the rental market, sell it, or carry out extensive renovations, you can pursue a no-fault eviction to remove the tenant.

If you pursue a no-fault eviction, California’s Tenant Protection Act requires landlords to pay the tenant a sum equivalent to one month’s rent to help them relocate.

3. Serve The Correct Written Notice

Before you can file an eviction lawsuit at the local court, you usually need to give the tenant notice to move out.

• If they’ve lived there less than a year, and it’s a no-fault eviction, give a 30-day notice to quit
• If they’ve been there a year or more, and it’s a no-fault eviction, you’ll need to serve a 60-day notice
• If they haven’t paid the rent they’re required to pay or are violating rules, you can serve a 3-day notice to quit, or a 3-day notice to pay or quit
• If they’re in Section 8 subsidized housing, you need to give a 90-day notice
• If they’re a holding over after the end of a fixed term lease and don’t pay rent, no notice is required.
• If they’re holding over after the end of a fixed term lease and have paid rent during the hold-over period, they are Month-to-Month tenants and notice is required.

The notice must be in writing and delivered properly (in person, by mail, or posted clearly at the unit if other methods fail).

4. File For An Eviction (Unlawful Detainer)

If the tenant doesn’t catch up on rent, fix rule violations, or move out after the notice period ends, it’s time to file an Unlawful Detainer lawsuit at your local courthouse. The tenant has 5–10 days to respond and contest the eviction once they’re served with the summons and complaint.

5. Go To Court

If the tenant responds to the summons contesting the eviction, a court date will be set. You’ll both get a chance to present your sides.

To present your case, you’ll need:

• Proof you issued the proper notice
• Documentation of violations or unpaid rent
• Photos or records showing any property damage caused by the tenant

If the tenant doesn’t answer the summons, you can request a default judgment.

6. Get The Sheriff To Enforce The Eviction

If the judge rules in your favor and the tenant still doesn’t leave, you can request a Writ of Possession. The sheriff will then post a final notice at the property, and after that, they’ll come back to physically remove the tenant if necessary.

Only the sheriff can do this, you can’t do anything to remove the tenant or their possessions yourself.

Don’t Skip Steps In The Eviction Process

Trying to take shortcuts, like threatening the tenant, failing to issue notice, turning off utilities, or changing the locks, is illegal. The tenant could sue you or delay the process for weeks or even months.

And if you didn’t serve notice properly or file the right paperwork, the judge can throw your case out. So take your time and follow the eviction process, even if it feels frustrating.

What Are My Rights As A Tenant Without A Lease In California?

Even without a lease, tenants in California still have legal protections, and landlords need to respect them to avoid delays, lawsuits, or a dismissed case.

That means:

• You must give proper written notice (30 or 60 days, depending on length of tenancy)
• You cannot lock the tenant out, shut off utilities, or remove their belongings
• Tenants have the right to a court hearing before being removed
• Security deposit return still applies (if one was collected)
• Tenants are protected under “just cause” laws in many cases, especially if they’ve lived there over 12 months

Evicting someone without a lease in California isn’t impossible, but it’s not as easy as many landlords think. Tenants have rights, and landlords have to follow the rules. If you’re not sure about your grounds for eviction, talk to a legal professional.

Related: Understanding Indiana eviction laws without lease