How Can I Evict a Tenant in a House I Inherited in California?

What are your options when dealing with a troublesome eviction in California? What is the difference between an at-fault and a no-fault eviction in California? How can you safely navigate the complex California eviction process?

By Maya Bovshow, CEO, Trust Properties USA

Inheriting a house in California can feel like a windfall—until you realize it comes with a tenant you didn’t choose. Whether it’s a long-term renter, a relative, or someone living there without a lease, navigating the eviction process as a new owner requires a careful understanding of California’s unique landlord-tenant laws. And if you’re considering a no-fault eviction, you’ll want to know about a strategy—sometimes a requirement—called “Cash for Keys”

When you work with Trust Properties USA to sell a house you’ve inherited, we’ll handle all the details, adhering to local laws and collaborating with your attorney. Learn more about our eviction help for inherited homes here, and please contact Trust Properties USA today to speak to an agent near you.

Meanwhile, let’s walk through the legal steps and practical options to help you reclaim the California property you inherited—without getting caught in a legal minefield.

At-Fault vs. No-Fault Evictions in California: What’s the Difference?

First, you need to decide whether to proceed with an at-fault or no-fault eviction. This distinction is critical because it determines the legal pathway you must follow.

At-Fault Eviction in California

An at-fault eviction becomes possible when a tenant violates the rental agreement or state housing laws. Common reasons include:

• Not paying rent
• Chronic late payments
• Breaking the lease (for example, having unauthorized pets or subtenants)
• Causing property damage or creating a nuisance
• Engaging in illegal activity on the property

In California, especially in certain jurisdictions, even an at-fault eviction can prove complicated and sometimes problematic. At a minimum, the landlord must provide notice of the violation to the tenant, and, in some cases, give the tenant an opportunity to correct it before proceeding with eviction.

Important: Research the laws in your county and city carefully, and I strongly advise consulting an attorney who specializes in evictions. What might seem straightforward can quickly become complex when local ordinances come into play. If you are working with Trust Properties USA, we can handle many of these details.

No-Fault Eviction in California

A no-fault eviction occurs when the tenant has done nothing wrong, but the landlord still needs to recover possession of the unit. Under California’s Tenant Protection Act (AB 1482), valid reasons include:

• The landlord or a family member moving into the unit
• Withdrawing the property from the rental market
• Substantially remodeling the unit
• Complying with a government order (such as building code enforcement)

Because the tenant isn’t at fault, landlords must often provide relocation assistance or a rent waiver to help offset the disruption. You may hear this referred to as “Cash for Keys,” which I describe below, and will treat further in another blog.

Step 1: Confirm Legal Ownership of an Inherited Property Before Acting to Evict

Before you can evict anyone, you must establish that you’re the rightful owner of the property.

Probate Process: If the property is still in probate, the executor or administrator holds authority. You may need to wait until probate is complete before taking action. Probate timelines vary, but this process typically takes several months to over a year in California.

Title Transfer: Once probate is finalized, update the deed to reflect your name. This is essential for initiating any eviction or negotiating with tenants. Without a clear title in your name, you lack the legal standing to proceed.

Again, if you are working with Trust Properties USA, we will handle the majority of these details. Please contact us today.

Step 2: Understand the Tenant’s Status in an Inherited House

California law protects tenants—even when ownership changes. This is a fundamental principle: the tenant’s rights travel with the property. Read the notes about at-fault and no-fault evictions above, and discuss the situation with Trust Properties USA and your lawyer.

Lease Agreement: If the tenant has a valid lease, you must honor its terms until it expires or proceed carefully with a no-fault eviction, and potentially negotiate a Cash for Keys departure. Even as the new owner, you generally step into the shoes of the previous landlord and inherit their obligations under existing leases.

Month-to-Month Tenancy: You can generally terminate the tenancy with proper notice. But again, in California, the laws are heavily weighted in favor of the tenant. Therefore, still proceed with caution, as this is a no-fault eviction. Even month-to-month tenancies have significant protections under AB 1482.

No Lease or Unauthorized Occupant: You must still follow formal eviction procedures, even if there’s no written agreement. This may be an at-fault eviction; however, it is recommended to consult an attorney. Importantly, California law recognizes oral rental agreements and tenancies created by accepting rent, so informal arrangements still create legal rights.

Step 3: Serve Proper Notice

The type of notice depends on the tenant’s situation. Here are the general rules:

60-Day Rule: Required if the tenant has lived in the property for more than one year. This extended notice period acknowledges the tenant’s established residency and provides them with additional time to find alternative housing.

No-Fault Eviction: If you’re evicting for reasons like owner move-in or property sale, additional requirements will likely apply—including relocation assistance. Some California cities require 90-day or even 120-day notices for no-fault evictions, and relocation payments can range from several thousand dollars to over $35,000 in places like Santa Monica.

Critical: The notice must be served correctly in accordance with California law. Improper service is one of the most common reasons eviction cases fail in court. Methods include personal service, substituted service, or posting and mailing.

Again, if you are working with Trust Properties USA, we will handle many of these details.

Step 4: Consider “Cash for Keys” in California

“Cash for Keys” is a voluntary agreement in which you offer the tenant money to vacate the property, thereby avoiding the formal eviction process altogether. In some jurisdictions, Cash for Keys (or “CFK” / “C4K”) may be mandatory for no-fault evictions.

How It Works

• You offer a lump sum for the tenant to leave by a specific date. The amount varies significantly by area and may even be mandated by a local jurisdiction at a certain minimum. For example, in Santa Monica, California, Cash for Keys agreements typically exceed $35,000.
  
• The tenant agrees to vacate the property, leave it in good condition, and return the keys.
  
• You both sign a written agreement outlining the terms.

This approach can save time, legal fees, and stress. It’s beneficial in a variety of circumstances—and again, may even be required by law—in no-fault evictions.

When Does “Cash for Keys” (CFK) Make Sense?

From a purely practical standpoint, Cash for Keys often costs less than a protracted eviction battle. Consider the hidden costs of formal eviction:

• Legal fees: Attorney costs can quickly reach $5,000-$15,000 or more
• Lost time: Evictions can take 2-6 months (or longer with appeals)
• Property damage risk: Angry tenants may cause damage before leaving
• Lost rental income: The property sits vacant during the process
• Court costs and sheriff fees: Additional expenses add up

When you factor in these costs, offering a tenant $5,000-$15,000 to leave peacefully within 30 days often proves more economical and less stressful.

I will treat common issues in Cash for Keys transactions in an upcoming blog.

What are My Most Important Legal Considerations During a California Eviction?

Remember that Local Laws Vary Greatly: Some cities (like Los Angeles and San Francisco) require landlords to offer relocation assistance for no-fault evictions. “Cash for Keys” may satisfy this requirement if it is properly documented. Many jurisdictions have specific formulas for calculating minimum relocation amounts based on apartment size and local rents.

Written Agreement: Always put the eviction terms in writing. Include the move-out date, payment amount, and condition expectations (e.g., “broom-swept”) in the agreement. The agreement should also include a release of claims, stating that the tenant waives any right to sue over the tenancy or eviction.

No Harassment: You cannot pressure or threaten tenants. The offer must be made voluntarily and respectfully. Be very careful to avoid creating legal issues. Any hint of coercion, intimidation, or harassment can turn into a lawsuit against you and potentially subject you to significant penalties under California’s tenant harassment laws.

Step 5: File an Unlawful Detainer in California (If Needed)

If a tenant refuses to leave after you have followed all the rules, you have provided proper notice, and the tenant declines your “Cash for Keys” offer:

• DO NOT take aggressive action like shutting off water and power or changing the locks. These “self-help” evictions are illegal in California and can result in substantial liability, including damages of up to $100 per day of violation plus the tenant’s attorney fees.
• File an unlawful detainer lawsuit in your local superior court. In California, unlawful detainer cases are handled on an expedited timeline compared to regular civil cases. I suggest you work with a qualified attorney.
• Serve the tenant with court papers. Proper service is critical—this must be done by someone over 18 who is not a party to the case.
• Attend the hearing and present evidence of ownership, notice, and lease status. Bring organized documentation, including the deed, notice of termination, proof of service, lease or rental agreement, and any relevant correspondence.

If you win, the court will issue a judgment for possession and a writ of possession, which the sheriff will use to enforce the eviction. The sheriff then posts a notice, typically giving the tenant five days to vacate before physically removing them.

If at all possible, you do not want to let things get that far. That’s why it is vital to work with professionals when approaching an eviction in California.

Step 6: Enforcing an Eviction in California

• If there is a court judgment, the sheriff theoretically posts a notice and returns after a few days to remove the tenant if they haven’t left.
• You regain possession legally.

Reality check: Even with a judgment, the actual sheriff lockout can take additional weeks or months, depending on the county’s backlog. During this time, the property remains occupied and you continue to bear responsibility for its upkeep.

What if I Need to Evict a Family Member from a House I inherited in California?

Evicting a relative can be emotionally charged and legally tangled. If they were living there before you inherited the home, they may feel entitled to continue living there. This is a complex situation that may well require the involvement of an attorney or a family mediator. You will need to consider:

Partition Action: If you inherited the property jointly with others and one refuses to leave, you may need to file a partition action to force a sale or division. Partition actions are complex and expensive, but sometimes necessary when co-owners cannot agree. Work with a qualified attorney.

Cash for Keys Option: Offering a financial incentive may be a more peaceful resolution than court. For family members, framing this as “helping them get started in a new place” rather than an eviction can preserve relationships while achieving your goal.

Document Everything: Family situations often involve informal arrangements. If there was no written lease, gather evidence of any rent payments, utility bills, or communications that establish the nature of the occupancy.

How Can I Take a Strategic and Compassionate Approach to California Evictions?

Evicting a tenant from an inherited home in California is a legal process—but it doesn’t have to be a battle. “Cash for Keys” offers a practical, humane alternative to formal eviction, especially in no-fault situations. Just be sure to follow local laws, document everything, and treat tenants with dignity.

To be safe, consult a real estate attorney familiar with California landlord-tenant law. They can help you navigate probate, draft agreements, and avoid costly mistakes.

When you work with Trust Properties USA, we coordinate all aspects of tenant situations, including working with qualified legal counsel to ensure full compliance with California law. Importantly, you don’t pay anything upfront—we handle the entire process and our fees come out of escrow at closing. Click here for an overview of all our services.

Contact Trust Properties USA Today

Call us today at (800) 579-4380 to speak with a compassionate, experienced professional, or contact us online to get started at your own pace. Behind every inherited house is a family—and we’re here for yours.

Best, Maya
Maya Bovshow, CEO, Trust Properties USA
Maximizing the equity your family took a lifetime to build.

Coming up: Common pitfalls in Cash for Keys transactions—and how to avoid them!

If you are dealing with a property in probate or trust, call us today at 📞 1-800-579-4380