Eviction / Unlawful Detainer: Landlords

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Give proper notice. If you are a landlord, there are certain notice requirements you must follow prior to initiating a lawsuit. If your tenant has not left subsequent to notice, you may decide to file a claim in court. The San Diego County Superior Court has provided a packet for landlords bringing an unlawful detainer action, which can be found here. See the box below for more information on giving proper notice.

San Diego Superior Court holds Unlawful Detainer hearings virtually or in person depending on your case. This information page goes into detail about how to appear, what technology they use, how to submit evidence, and more.

The San Diego Superior Court has a great information page for landlord-tenant issues. You will find all the forms you need for your unlawful detainer action on the court's website here.

CITY AND STATE LAWS MAY APPLY: See this California Court Self-Help Guide to learn about the different types of eviction notices.

Get legal advice if your rental home is covered by your city or county’s eviction control laws (in addition to state laws), for multifamily residences, licensed care and health facilities, or other types of properties not mentioned here.

For evictions covered under the Tenant Protection Act:

For detailed information and sample eviction notices under the California Tenant Protection Act, see our Guide Landlord's Guide to Rent Increase & Eviction NOTICES

For evictions NOT covered under the Tenant Protection Act:

Here are situations where you can use a 3-Day Notice and the Tenant Protection Act does not apply:

• Non-Payment of Rent
• Perform Covenant or Quit (conditional notice where tenant can correct a lease violation)
• Serious Lease Violations (unconditional notice where tenant is evicted due to certain circumstances)

LOCAL RULES MAY APPLY: Ensure you are providing accurate grounds for notice(s) in accordance with local ordinances. 

See 3-Day Notice Samples below.

Here are situations where you can use the 30-Day or 60-Day Notice without a just cause, meaning the Tenant Protection Act notifications do not apply:

• If your tenant has lived in the home for less than a year. If you have more than 1 tenant in the same home, the one year is measured by the tenant who’s lived there the longest.
• If you live in the rental home (single-family home with no more than 2 in-law units, condominium, or apartment) with your tenant. But, eviction restrictions apply if you’re a primary tenant (you rent a home from the owner and then you rent out to other tenants).
• If you live in ½ of a duplex full-time and rent out the other half.
• New housing that's been built within the last 15 years.

See 30-Day & 60-Day Notice Samples below.

Legal clinics, and other resources referred to here, will allow you to discuss your case with someone, in which you will be given information about how to handle your case. 

The Community Law Project (CLP) is a collaboration between California Western School of Law, and several other organizations. CLP provides legal advice and referrals to low-income and indigent members of the local San Diego community. One of the many areas of law CLP covers includes Housing Law. CLP's clinics are held at four different locations throughout San Diego County. Visit CLP's website for more information. 

If you think that you may be able to reach an agreement with the other party, the National Conflict Resolution Center may be able to offer free mediation to resolve the dispute without going to court. For more information, call (619) 238-2400. 

Lawyer Referral Service – North County Bar Association

Lawyer Referral Service – San Diego County Bar Association

Apartment Owners Association hosts informative classes.

California Apartment Association has resources for landlords.