Part 1: How to Evict a Tenant in Orange County, CA — A Step-by-Step Guide for Self-Managed Landlords

Evicting a tenant in Orange County, California is one of the most legally sensitive processes a self-managed landlord can face. California’s tenant protection laws are among the strictest in the country, and Orange County courts require precise compliance with state and local regulations. One small mistake can delay an eviction for months—or force you to start over entirely.

This guide is written specifically for self-managed landlords who do not use a property manager and need a clear, compliant roadmap. In Part 1, we’ll cover when you can legally evict, the types of eviction notices, and how to properly serve them.

Understanding the Eviction Process in Orange County

An eviction in California is legally referred to as an Unlawful Detainer action. The process follows a strict sequence:

1. Identify a legal reason for eviction

2. Serve the correct eviction notice

3. Wait the legally required notice period

4. File an Unlawful Detainer lawsuit if the tenant does not comply

You cannot skip steps, and “self-help evictions” (changing locks, shutting off utilities, harassment) are illegal and can expose landlords to serious penalties.

Step 1: Confirm You Have Legal Grounds to Evict

Before serving any notice, confirm that your reason for eviction is legally valid under California law and any applicable local ordinances.

Common Legal Reasons for Eviction in Orange County

For self-managed landlords, the most common lawful reasons include:

• Nonpayment of rent

• Breach of lease terms

• Nuisance or illegal activity

• Owner move-in or withdrawal from the rental market (subject to Just Cause laws)

• Expiration of a fixed-term lease

⚠️ Important: Many Orange County cities are subject to California’s Just Cause Eviction Law (AB 1482), which limits evictions after 12 months of tenancy.

Step 2: Determine Whether Just Cause Eviction Rules Apply

Under AB 1482, tenants who have lived in the property for 12 months or more are generally protected from eviction without just cause.

Two Types of Just Cause Evictions

1. At-Fault Just Cause

Examples:

• Failure to pay rent

• Lease violations

• Damage to property

• Criminal activity

• Refusal to allow lawful entry

2. No-Fault Just Cause

Examples:

• Owner move-in

• Substantial remodel

• Government order

• Removal from rental market

👉 No-fault evictions often require relocation assistance equal to one month’s rent.

Self-managed landlords must carefully document which category applies before proceeding.

Step 3: Choose the Correct Eviction Notice

Using the wrong notice—or incorrect wording—can invalidate the entire eviction.

Common Eviction Notices in Orange County

3-Day Notice to Pay Rent or Quit

Used when:

• Rent is overdue

• Notice must state the exact amount owed

• Must exclude late fees unless allowed by law

3-Day Notice to Cure or Quit

Used when:

• Tenant violated lease terms (unauthorized occupants, pets, etc.)

• Must clearly describe the violation and how to fix it

3-Day Notice to Quit (No Cure)

Used when:

• Serious violations (illegal activity, threats, waste)

• Tenant is not allowed to fix the issue

30-Day or 60-Day Notice to Terminate Tenancy

Used for:

• Month-to-month tenancies

• Only when Just Cause laws do not apply

⚠️ Many self-managed landlords mistakenly use a 30-day notice when a Just Cause notice is required—this is a common and costly error.

Step 4: Properly Serve the Eviction Notice

In Orange County, how you serve the notice is just as important as what notice you serve.

Legal Methods of Service

1. Personal Service

   • Handing the notice directly to the tenant

   • Best and most defensible option

2. Substituted Service

   • Leaving notice with someone of suitable age at the unit

   • Followed by mailing a copy

3. Post and Mail

   • Posting on the door and mailing

   • Only allowed after diligent attempts at personal service

Proof of Service Matters

Self-managed landlords should always:

• Complete a Proof of Service

• Record dates, times, and methods

• Keep copies of all notices

Improper service is one of the top reasons eviction cases get dismissed in Orange County courts.

Step 5: Wait the Required Notice Period

Notice periods begin the day after service, not the day of service.

• 3-day notices exclude weekends and court holidays

• 30/60-day notices count calendar days

If the tenant:

• Pays rent in full → eviction must stop

• Fixes the violation → eviction must stop

• Does nothing → you may proceed to court

What Comes Next?

If the tenant fails to comply after the notice period expires, the eviction moves into the court phase, which involves filing an Unlawful Detainer lawsuit in Orange County Superior Court.

👉 That process is covered in detail in Part 2, including:

• Filing the lawsuit

• Serving court papers

• Court timelines

• Sheriff lockouts

• Common mistakes self-managed landlords make