Essential Elements for California Eviction Based on Non-Payment of Rent


For a plaintiff/landlord to successfully win an unlawful detainer (eviction) case against a defendant/tenant based on non-payment of rent, the plaintiff/landlord must be able to show that the following elements have been satisfied:

  • Plaintiff owns the property or has legal authorization from the owner of the property
  • The property was rented to the defendant
  • Under the terms of the rental agreement, the defendant was supposed to pay X amount of dollars per month, and has failed to pay the rent
  • Plaintiff properly served defendant with a 3 day notice to pay or quit
  • As of the date of the 3 day notice, at least the amount stated in the 3 day notice was due
  • Defendant failed to pay the amount stated in the 3 day notice within 3 days after being properly served with the notice
  • Defendant is still in possession of the property

The Law Office of David Piotrowski represents landlords throughout southern California and can assist with a tenant eviction.

Read Attorney Piotrowski’s “Landlord Best Practices and Eviction Overview” book.

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