This law defines what counts as a forcible entry onto someone else's property. A person can be guilty if they break into the property with force or threats, or if they enter normally but later use threats or force to remove the person who is currently living there. The term 'party in possession' here includes anyone renting or staying on the property, like boarders or lodgers, except certain short-term occupancies.

This law makes it illegal to forcibly keep someone out of real estate that rightfully belongs to them. It applies if you hold onto property using force or threats, or if you sneak in at night or while the occupant is away and refuse to leave for five days after being asked. The legal occupant is someone who was peacefully living there or using the property up to five days before the unlawful entry.

This law explains when a tenant may be guilty of unlawful detainer, which means staying on property without the landlord's permission. It occurs if a tenant stays after the lease expires, after failing to pay rent despite notice, or if they break other lease conditions and fail to fix them. A landlord must notify the tenant to resolve these issues, typically with a three-day notice, before eviction. Tenants cannot charge fees for delivering these notices. If a tenant declares they are leaving but doesn’t move out on time, they can also be charged with unlawful detainer. The law prevents abuse by ensuring clear processes and prohibits charging fees for such notices, and it will take effect on February 1, 2025.

This California statute explains when a person can be legally removed from a manufactured home, mobile home, floating home, or real property after receiving a three-day notice. It applies when the property has been sold due to circumstances like mortgage foreclosure, execution of a writ, or sale under a trust deed. In these situations, if the title has been properly transferred to the new owner, the current occupant can be asked to leave. However, tenants renting on a periodic or fixed-term basis must receive a notice to vacate that matches their rental period, up to a maximum of 30 days.

If you're renting a place that gets sold in a foreclosure, you generally have a right to stay for 90 days after receiving notice. If your lease is a fixed-term (e.g., a year-long lease) made before the foreclosure, you can usually stay until the lease ends. However, you might be asked to leave with a 90-day notice if the new owner wants to live there, if you're related to the old owner, if the lease was anything but a normal agreement, or if you're paying way below market rent. The burden is on the new owner to prove any exceptions apply in court. This law also doesn't override local eviction rules or protections.

This section of the law deals with what happens when someone rents commercial property and fails to pay rent. If the notice sent to the tenant estimates how much is owed but it turns out to be wrong, the tenant can still be kicked out if the amount was a reasonable guess. If the tenant pays what they believe they owe and it's correct, they win the case. On the other hand, if the amount paid was a reasonable estimate but less than what was due, the tenant can keep the property if they pay the difference within five days. If a landlord accepts only part of the rent after sending notice or filing a complaint, they can still sue for the rest. But they must inform the tenant that taking partial rent doesn't mean giving up the right to evict. The law also clarifies that 'commercial real property' excludes homes, mobilehomes, and RVs. Importantly, if the actual rent owed versus what was estimated is within 20% difference, it's considered a reasonable estimate.

In eviction cases, the court clerk can only let certain people access case records, like court files and indexes, under specific conditions. This includes people involved in the case, residents showing proof of residency, or others with a court order for good reason. After 60 days from filing the complaint, more access is allowed, except in certain situations involving rent defaults during the COVID-19 period. The clerk must notify defendants about the filing and provide information on finding legal help, mentioning resources and lawyer referral services. There's also a $15 extra fee for the plaintiff when filing a first appearance, but this doesn't change other evidence rules.

This law details who is allowed access to court records related to cases seeking to recover COVID-19 rental debt. It specifies that only certain people, like the parties involved, their attorneys, residents of the premises in question, or those with a court order for good reason, can view these records. To help enforce this restriction, any related legal documents must clearly state that the case involves COVID-19 rental debt. The Judicial Council will provide forms that highlight these access limitations. 'Good cause' for accessing records includes newsgathering and gathering evidence for legal purposes. The law intends for an easy way to request court orders for such access but does not change existing evidence laws.

This law prevents landlords from evicting tenants solely because they are victims of abuse or violence, as long as the tenant provides evidence of the abuse, like a police report or documentation from a counselor. However, if the person causing the abuse lives with the tenant and poses a threat to the safety of others, the landlord may have grounds for eviction. Additionally, landlords can't be held responsible by other tenants for helping an abused tenant under this law. Tenants can defend themselves in eviction cases if they've been wrongfully evicted under these circumstances. Landlords must also keep any information about the tenant's abuse confidential unless disclosure is legally required. The law also mandates updates to legal forms to better protect tenants in these situations by 2025.

This law prevents landlords from forcing a tenant to leave or taking legal action to evict them based on their immigration or citizenship status, unless required by federal programs related to rent or assistance. Tenants can claim an affirmative defense in eviction cases if the landlord violates this rule. Tenants have a strong defense if the landlord approved them to live there but tries to evict them for not providing certain documents like a social security number or identification. This presumption does not apply if the information is requested for federal obligations or legal orders. The term includes how landlords might perceive someone's immigration status.

If a landlord sends a notice saying that they're ending your lease because of a problem, you can stop this from happening by fixing the issue within three days. Alternatively, the landlord can decide to ignore the problem, which also keeps your lease active.

This law explains how landlords must deliver notices to tenants to comply with the legal requirements mentioned in Sections 1161 and 1161a. For residential tenants, the notice can be given directly to the tenant, left with someone responsible at their home or workplace if they're not there, or attached visibly on the property and mailed if no one suitable can be found. For commercial tenants, similar rules apply, but it emphasizes diligent efforts to serve the notice where they do business. If the tenant can't be reached, notices can finally be posted at the property and mailed. Importantly, commercial tenants are those renting non-residential spaces, which excludes housing units and mobile homes.

This law section allows you to serve a copy of a deed from a receiver or levying officer to someone in the same manner that's detailed in another law section, known as Section 1162, instead of showing the original deed.

This section says that in eviction cases, you only need to include the tenant and any subtenant living there as defendants. If you don't include other possible defendants, it won't make the case fail. If those listed are found guilty of the charges, a judgment is made against them. If a subtenant moves in after an eviction notice is served to the main tenant, not serving the notice to each new subtenant isn't a defense against eviction. Anyone moving into the property after the case starts will also be affected by the ruling.

This law says that, unless there's an exception in the previous section, rules about who can participate in civil court cases also apply to this particular legal process.

When someone files a lawsuit to evict a tenant, called an unlawful detainer complaint, it needs to include certain details. It must be verified, outline the facts for the case, describe the property, state any overdue rent if applicable, and explain how the tenant was notified of the eviction. If there's fraud, force, or violence involved, these details should also be included, along with any resulting damages claimed. For residential properties, specific documents like the termination notice and lease (unless it's oral or unavailable) must be attached. If these aren't attached, the court allows a short time to fix it. A summons is issued once the complaint is filed.

This law explains how a plaintiff can get quick possession of a manufactured home, mobilehome, or real property if the defendant is avoiding legal processes or is out of state. They must file a motion and notify the defendant of a hearing, where the defendant can present their case. The court decides based on the evidence whether the plaintiff gets immediate possession. If the plaintiff doesn't win or the case is dismissed, they might have to pay the defendant for damages. The law covers how these orders are enforced and equates certain legal terms to this specific context.

This section explains the rules for responding to a summons in certain situations. Normally, once served with a complaint, you have 10 days to respond, not counting weekends and holidays. If you're served by mail or through California's address confidentiality program, you get an extra five days to respond. The rest of the process for issuing, serving, and returning a summons is the same as in regular civil cases.

If you don't file proof that the other party was notified about the lawsuit within 60 days, the court might drop your case, meaning you could start over later if needed.

This part of the law says that in certain court cases, a defendant usually has up to five days to respond to a complaint or make changes to their response, unless the court gives them more time for a valid reason.

This law says that if a defendant in a specific type of lawsuit files a certain kind of motion, they have between three and seven days to bring the motion to court. When the motion is filed, the time they have to respond to the lawsuit is paused until five days after they are notified that the court denied the motion, although the court can allow more time, up to 15 days, if there's a good reason.

This law says that if someone involved in a court case wants more time for certain reasons, they usually can't get more than a 10-day extension unless the other party agrees or the court finds a really good reason to allow it.

If a defendant in a legal case doesn't show up to court after being served with the summons, the plaintiff can ask the court clerk to declare that the defendant has defaulted. Then, the plaintiff can get a judgment to reclaim the property involved and may request a writ to carry out the eviction. This judgment should note if tenants or other occupants are involved. After default is entered, the plaintiff can also seek other remedies described in the complaint, like court costs.

If you're involved in a civil case as a defendant, you have some options before your court date: you can respond to the complaint, object to it, or ask to remove parts of it. If you object or ask to remove parts, the court hearing for this will happen within 5 to 7 court days after you file your motion. In special circumstances, the court might push it to a later date. Paperwork for your motion needs to be complete and served as per the rules. You can speak against the opposition at the hearing, or submit written opposition before the day of the hearing. If you choose to write, you have to make sure the other party gets it by the end of the previous business day, using quick delivery methods like electronic service or express mail. The court can also accept written opposition coming in late if it decides to do so.

This statute describes the rules for conducting a trial when a defendant appears in court under Section 1170. It sets a deadline for the trial within 20 days after a request is made, unless all parties agree to an extension. If the trial is delayed, the court may require the defendant to pay an amount into court, based on evidence and arguments about rent, until the case is resolved. If the defendant doesn't pay, the trial must happen within 15 days. The court can decide how the money is distributed after the trial, and any costs for managing escrow accounts can be recovered by the winning party. Payments might be placed in an interest-bearing account. This law doesn't change priorities for criminal cases over civil cases.

You can ask for a quick decision in a case, called a summary judgment, at any time once the opposing party has replied, as long as you give five days' notice. The decision to grant or deny this request follows the same rules as another specific law in Section 437c.

This law allows someone involved in a legal action under this chapter to request discovery, which is a pre-trial procedure to gather information, as long as they give five days' notice.

If there's a factual dispute in a case, it must be resolved by a jury unless both parties agree not to have one. The jury is selected just like in any similar type of case in that court.

If someone goes to court over being wrongfully kicked out or kept out of a property, they just need to prove they were peacefully living there or had a right to be there when it happened. The other side can defend themselves by proving they've been quietly living there for at least a year before the lawsuit started and still have the right to be there. If they can prove this, the lawsuit gets dismissed.

If during a trial it becomes clear that the defendant has committed either a forcible entry or an unlawful detainer that wasn’t specifically mentioned in the original complaint, the Judge must have the complaint updated to reflect this new information. This update should happen immediately and without any extra conditions or penalties. The trial won't be delayed because of this amendment unless the defendant can convince the court, with a formal written statement, that there's a good reason for a delay.

This section deals with the process and consequences of unlawful detainer cases, which involve removing a tenant from rental property. If a court decides in favor of the landlord, the tenant may lose possession of the property, and any lease could be voided if the landlord decides to do so. However, in special cases involving gasoline dealers and petroleum distributors, possession only turns over if proper cause is found. A tenant can potentially avoid eviction by paying owed rent and other costs within a limited time after a judgment. The law also outlines how landlords should handle a tenant's personal property left behind, providing specific steps on storing, releasing, or disposing of it, with certain protections for landlords against liability. If items are disposed of, the landlord is typically not responsible unless they knew or should have known someone else had an interest in the property.

This law deals with eviction cases where a tenant hasn’t paid rent but claims the landlord didn’t keep the rental property livable. The court checks if the landlord really did fail to maintain the property. If so, the tenant may stay, pay reduced rent, and the landlord might have to make repairs. The tenant could also get legal costs covered. But, if there’s no issue with the property's condition, or if the tenant doesn’t pay back rent as ordered, the landlord can win the case and claim legal costs. A significant property issue is one that affects health and safety. Tenants still have the right to a jury trial, and this law doesn’t override other related laws.

This law explains how someone not named in an eviction judgment can challenge it. If you lived in a place when an eviction action started, but weren't served a specific notice before judgment, you can file a claim to keep your home. This claim can be made any time before the eviction happens. If a sheriff or other officer in charge of the eviction gets your filing, they must stop the eviction and give a copy to the court. The court will then schedule a hearing to decide if your claim is valid. You need to either pay a fee or provide proof you can't afford it to make this claim. If your claim is valid, the court could stop the eviction or may require further action, like delivering specific notices. If it's not valid, the eviction continues.

If a landlord sues a tenant for not paying rent but is found to have violated certain tenant rights under another law, the landlord must pay the tenant's legal fees and court costs, as decided by the court.

This law explains how someone living in a property can claim their right to stay there before the court decides if they have to leave. You have 10 days after receiving a notice to file your claim, except on weekends and holidays. If you miss that deadline because it falls on a weekend, you can file on the next court day. Filing this claim makes you a party in a legal case about eviction, and you must pay a fee. If you're a specific type of occupant, you can file any time before the court makes a judgment. Once you file, you're added as a defendant and must respond within five days. The court will also let the person trying to evict you know about your claim.

This law deals with eviction cases where a tenant or their family member has experienced abuse or violence. If a tenant claims abuse as a defense in an eviction case, the court will check for proof of this abuse. If there's no proof, the defense fails. If there's proof, and no other eviction reasons, the tenant can't be evicted or held liable for costs. If another occupant is found to be the abuser, they can be evicted separately, not the entire household. The court might also order the locks changed and bar the abuser from the property. Importantly, this ruling can't be used against the accused in other legal matters.

If a defendant appeals a judgment, the proceedings don't automatically pause. To pause or 'stay' the judgment, the defendant must first ask the judge who gave the judgment. The judge will grant a stay if stopping the judgment helps avoid significant hardship for the defendant and doesn't seriously harm the other party. If refused, the defendant can appeal for an extraordinary writ. If a stay is granted by any court, the defendant may have to pay a monthly rent to the court in advance. Also, even if an appeal is ongoing, a new lawsuit about the same rental agreement isn't prevented.

This law section states that unless there's a specific rule in this chapter saying otherwise, the general legal procedures described in Part II of the Code apply to the proceedings covered by this chapter.

This section says that the rules about new trials and appeals from another part of this code also apply to the legal proceedings covered in this chapter, unless they conflict with something specific in this chapter or rules set by the Judicial Council.

This law allows a court to help a tenant avoid losing their rental agreement due to hardship, either before or after the tenancy has ended. A tenant, subtenant, or anyone with an interest in the lease can apply for relief before the landlord takes back the property. The application must be detailed and sent to the landlord at least five days before a hearing. The application can be made orally if the landlord is informed. However, relief is only granted if all overdue rent is paid or any lease conditions are met as much as possible.

This law ensures that any legal cases to reclaim possession of property are prioritized in court over most other civil cases. The idea is to make sure these property disputes are resolved quickly, unless other laws give certain cases higher priority.