Landlord Tenant Legal Terms and Definitions:
3-Day Notice: See the applicable “Three-Day Notice” below.
3-Day Notice to Pay Rent or Quit: A 3-Day Notice to Pay Rent or Quit is used when a tenant fails to pay rent that is legally due. The notice must accurately identify the qualifying rent owed and comply with California’s requirements concerning the contents, timing, and service of the notice.
3-Day Notice to Perform Covenant or Quit: A 3-Day Notice to Perform Covenant or Quit may be used when a tenant violates a provision of the rental agreement that California law allows the tenant to correct. The notice identifies the alleged violation and provides the tenant with the legally required opportunity to correct it or vacate.
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: AB 1482 established statewide limits on rent increases and introduced just-cause eviction protections for many qualifying California residential tenancies. The law does not apply to every property, and landlords must determine whether a particular property qualifies for an exemption before relying on one.
Abandoned Property: Abandoned property refers to personal belongings left behind by a tenant after the tenant vacates or is removed from a rental property. California law establishes procedures landlords generally must follow before disposing of or selling those belongings, including notice and applicable waiting requirements.
Adverse Possession: Adverse possession is a legal doctrine under which a person occupying property owned by someone else may attempt to establish ownership after satisfying specific statutory requirements. Simply occupying a property for a certain period does not automatically transfer ownership.
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.
Default Judgment: A default judgment may be available when a tenant or other defendant fails to respond to a properly served Unlawful Detainer lawsuit within the applicable legal deadline. When the requirements for default are satisfied, the landlord may seek a judgment for possession without proceeding through a contested trial.
Demurrer: A demurrer is a legal challenge to the sufficiency of an Unlawful Detainer complaint. Rather than resolving the underlying factual dispute, the demurrer asks the court to determine whether the complaint adequately states a legally sufficient claim.
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.
Judgment for Possession: A Judgment for Possession is a court judgment determining that the landlord or other plaintiff is legally entitled to possession of the rental property. Once the required post-judgment procedures are completed, the landlord may proceed with enforcement through the Sheriff.
Just Cause Eviction: California’s Tenant Protection Act requires landlords to establish a legally recognized reason for terminating many covered residential tenancies. Just-cause grounds generally fall into two categories: at-fault, such as nonpayment of rent or certain lease violations, and no-fault, such as a qualifying owner move-in or substantial remodel. Exemptions and additional requirements may apply depending on the property and tenancy.
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: A Motion to Quash may be filed to challenge the court’s jurisdiction or the manner in which the Summons and Complaint were served. If the court determines that service was defective, the landlord may need to correct the problem before the case can proceed.
Notice to Quit: A Notice to Quit is a written notice requiring a tenant or occupant to surrender possession of a rental property. Depending on the circumstances, California law may permit a landlord to provide the tenant with an opportunity to correct a violation or may require the tenant to leave without an opportunity to cure.
Nuisance: Bothersome activities under the tenant’s control which interferes with the neighbors’ use and enjoyment of their property.
Owner Move-In Eviction: An owner move-in may qualify as a no-fault basis for terminating certain tenancies protected by California’s Tenant Protection Act. Specific eligibility, notice, occupancy, and timing requirements apply, and landlords should verify that the statutory requirements are satisfied before relying on this ground.
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.
Post-Foreclosure Eviction: A post-foreclosure eviction involves recovering possession of property following a foreclosure sale. The applicable notice and eviction requirements can depend on whether the occupant is a former owner, tenant, or another occupant and whether the occupant has legally protected tenancy rights.
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.
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 qualifying tenancy for certain no-fault reasons. California law generally requires qualifying tenants to receive an amount equal to one month’s rent, although additional requirements may apply depending on the property and applicable local rules.
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: SB 567 amended California’s Tenant Protection Act and strengthened requirements for certain no-fault evictions. The law includes additional requirements concerning qualifying owner move-ins and substantial remodels, including requirements relating to occupancy, documentation, and compliance with applicable notice provisions.
Section 8 Eviction: An eviction involving a Section 8 tenant may involve additional requirements beyond those applicable to a conventional private tenancy. Depending on the housing assistance program and circumstances, federal, state, lease, and housing-authority requirements may affect the notice and eviction process.
Self-Help Eviction: A self-help eviction occurs when a landlord attempts to remove a tenant without following the legally required eviction process. California law generally prohibits actions such as unlawfully changing locks, shutting off essential utilities, or removing doors or windows to force a tenant to leave.
Sheriff Lockout: A Sheriff lockout is the final enforcement stage of an eviction. After a judgment for possession and Writ of Possession have been obtained, the Sheriff may remove occupants who remain after the required notice period and restore possession of the property to the landlord.
Squatter: “Squatter” is a commonly used term for someone occupying property without the owner’s authorization. The appropriate legal procedure for removing an unauthorized occupant depends on how the person entered the property, whether permission was ever given, and whether a landlord-tenant relationship exists.
Stipulated Judgment: A stipulated judgment is an agreement between the landlord and tenant that resolves an eviction case according to negotiated terms. It may establish a move-out date, payment requirements, or other conditions and is entered as a court judgment.
Substantial Remodel: A qualifying substantial remodel may provide a no-fault basis for terminating certain protected tenancies when the planned work meets California’s statutory requirements. Depending on the circumstances, the landlord may need permits, supporting documentation, and compliance with specific notice and relocation requirements.
Summary Judgment: Summary judgment is a procedure that allows a party to request judgment without a full trial when the material facts are not genuinely disputed and the moving party is entitled to judgment under applicable law.
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: A Writ of Possession is a court-issued order authorizing the Sheriff to enforce a judgment awarding possession of real property. It is an important step between obtaining an eviction judgment and the Sheriff’s enforcement of that judgment.
Related Riverside Eviction Resources
Riverside Evictions Guide — A step-by-step overview of the California eviction process, from serving the initial notice through Unlawful Detainer proceedings and recovery of possession.
Riverside Eviction Questions & Answers — Answers to common questions about notices, tenant protections, lease violations, squatters, Section 8, and other landlord-tenant issues.
Riverside Eviction Attorney Fees & Court Costs — Information about attorney fees and costs associated with eviction notices, Unlawful Detainer cases, motions, trials, judgments, and related services.
