The Litigation Process
In Part 4, we covered the notice options available for conduct-based evictions, the statutory grounds that drive those decisions, and what happens after a notice is served. Once the tenancy has been terminated in accordance with eviction protections and the tenant fails to vacate, the next step is to commence a formal court proceeding. This final email in our “For Cause” series covers what that looks like.
When Does a Case Go to Court?
The notice period expires, and the tenant has neither corrected the violation nor vacated the property. For tenancies protected by AB 1482, an additional final three-day notice to terminate is required. When these attempts have failed, the next step is to file an unlawful detainer action. This is the formal legal proceeding to recover possession of the unit.
How Is Litigation Different for Conduct-Based Cases?
Conduct-based cases can be more contested than nonpayment, depending on the circumstances. Tenants, tenant attorneys, or legal aid organizations may challenge the alleged violation, dispute the facts, or raise affirmative defenses. This can lead to more pretrial activity, including serving discovery, which adds both time and expense to the process.
Legal aid involvement is more common in certain contexts, particularly in tax credit communities, which we’ll address briefly below.
What Is the Burden of Proof?
The landlord must demonstrate two things:
- That the violation occurred.
- That proper notice was given.
This is where the documentation, witnesses, and clean file we discussed in Part 3 come into play. What you gather before the case is filed is what supports you in court.
What Should You Expect During Trial Preparation?
Conduct-based cases typically require more preparation than nonpayment matters. That preparation primarily involves organizing evidence and preparing witnesses. We will also work with you to anticipate how the tenant may respond.
How Long Does the Process Take?
Timelines for conduct-based unlawful detainer actions are generally consistent with other eviction cases. Additional preparation or involvement of an attorney representing the tenant can extend the process, but it’s usually in everyone’s interest to keep things moving forward.
A Note on Tax Credit Properties
Every eviction in a tax credit community is a “for cause” eviction. AB 1482 does not apply to these properties, but they operate under their own for-cause standards, and those standards vary by program. Termination is generally limited to very serious conduct (usually including violence), multiple violations, or ongoing violations.
The preparation guidance from Part 3 applies here with even more emphasis. Documentation, a complete file, and willing witnesses are critical because the requirements are stricter and the margin for error is smaller. It’s critical that these notices are very detailed. Specificity is what the court expects.
In addition, pay careful attention as different advisements are required depending on the addenda and subsidy type.
The Full Series
This wraps up the For Cause series. Over five emails, we’ve covered the full arc of conduct-based evictions in California, from the legal framework to preparing for court.
Here’s the complete series for reference:
Part 1: What’s Changed and Why It Matters
Part 2: When Do You Need Cause to Evict?
Part 3: Preparing for a Conduct-Based Eviction
Part 4: Notice Options and Legal Remedies
Part 5: The Litigation Process (this page)
