Owning rental property in Costa Mesa, California, can be a lucrative venture, but it comes with its fair share of challenges—especially when it comes to evictions. As a landlord, understanding the eviction process is critical to protecting your investment while complying with both state and local regulations. In Costa Mesa, the eviction landscape is shaped not only by California’s robust tenant protection laws but also by the city’s own ordinances, such as the Just Cause Residential Tenant Protections Urgency Ordinance, enacted on November 7, 2023. This blog post dives deep into the eviction process in Costa Mesa, offering landlords a comprehensive guide to navigating this complex terrain as of April 9, 2025.
The Legal Framework: California and Costa Mesa Laws
California’s eviction process is governed primarily by the Tenant Protection Act of 2019 (AB 1482) and subsequent amendments like Senate Bill 567, which took effect statewide on April 1, 2024. These laws establish “just cause” requirements for evictions, meaning landlords must have a legitimate reason to terminate a tenancy. However, Costa Mesa has gone a step further with its local ordinance, which imposes additional rules and protections for tenants, particularly in cases of “no-fault” evictions. Understanding both layers of regulation is essential for landlords to avoid costly missteps.
The Costa Mesa ordinance, effective immediately upon its adoption in November 2023, was a response to a local eviction crisis that saw 63 households displaced between July and October 2023. With roughly 60% of the city’s 114,000 residents being renters, the city council aimed to curb unfair evictions and prevent homelessness. This ordinance builds on state law by adding stricter notification requirements, enhanced relocation assistance, and city oversight, making Costa Mesa’s eviction process distinct from other California jurisdictions.
Step 1: Determine the Type of Eviction
Before initiating an eviction, landlords must classify the reason as either “at-fault” or “no-fault” under both state and local law. This distinction dictates the process and obligations.
- At-Fault Evictions: These occur when a tenant violates the lease agreement. Common reasons include:
- Non-payment of rent
- Breach of lease terms (e.g., unauthorized pets or subletting)
- Nuisance behavior or illegal activity For at-fault evictions, tenants are not entitled to relocation assistance under Costa Mesa’s ordinance, but landlords must still follow proper notice procedures.
- No-Fault Evictions: These involve terminating a tenancy for reasons unrelated to tenant behavior, such as:
- Owner move-in (landlord or family member intends to occupy the unit)
- Substantial remodeling or demolition
- Withdrawal of the property from the rental market No-fault evictions trigger additional requirements in Costa Mesa, including relocation payments and city notification, which we’ll explore later.
Step 2: Serve the Appropriate Notice
The eviction process begins with serving a written notice to the tenant. The type and timing of the notice depend on the eviction’s cause and the tenancy’s duration.
- 3-Day Notice to Pay Rent or Quit: For non-payment of rent, landlords issue this notice, giving tenants three days to pay the full amount owed or vacate. The notice must specify the exact amount due and comply with California’s strict formatting rules.
- 3-Day Notice to Cure or Quit: If the tenant has breached the lease (e.g., keeping an unauthorized pet), this notice outlines the violation and gives three days to correct it or leave.
- 60-Day Notice to Vacate: For no-fault evictions, Costa Mesa requires a 60-day notice—double the 30-day minimum under state law for month-to-month tenancies of less than a year. This applies to owner move-ins, remodels, or market withdrawals. The notice must state the just cause and include supporting documentation (e.g., renovation permits).
- 90-Day Notice for Section 8 Tenants: If the property is subsidized (e.g., Section 8), California law mandates a 90-day notice, during which rent cannot be increased.
Service must be done legally—via personal delivery, substituted service (leaving with a competent household member and mailing a copy), or posting and mailing if no one is available. Errors in notice content or service can invalidate the eviction, so precision is key.
Step 3: Comply with Costa Mesa’s No-Fault Requirements
For no-fault evictions, Costa Mesa’s ordinance imposes unique obligations:
- Relocation Assistance: Landlords must provide tenants with one month’s Fair Market Rent (FMR), as set by the U.S. Department of Housing and Urban Development (HUD), or waive the final month’s rent and pay the difference if FMR exceeds the tenant’s current rent. This payment is due within 15 days of serving the notice. For example, if FMR for a one-bedroom in Costa Mesa is $2,200 and the tenant pays $1,800, the landlord could waive the last month’s rent and pay $400.
- City Notification: Within 72 hours of issuing a no-fault eviction notice, landlords must notify the city by emailing evictions@costamesaca.gov or submitting via the Totally Electronic Self-Service Application (TESSA). This ensures transparency and allows the city to track evictions and offer tenant support.
- Documentation: For remodels or demolitions, landlords must provide written notice of intent and supporting evidence (e.g., permits). This prevents pretextual evictions where landlords falsely claim renovations to displace tenants and raise rents.
Failure to meet these requirements renders the notice void, exposing landlords to legal challenges.
Step 4: File an Unlawful Detainer Lawsuit
If the tenant doesn’t comply with the notice by the deadline, the next step is filing an Unlawful Detainer lawsuit in Orange County Superior Court. This formal eviction process involves:
- Filing the Complaint: Submit the Summons, Complaint, and supporting documents (e.g., lease, notice served) to the court. Pay the filing fee (around $240-$435, depending on the amount in dispute).
- Serving the Tenant: The tenant must be served with the lawsuit papers, typically by a process server or sheriff. They have five days to respond.
- Court Hearing: If the tenant contests the eviction, a hearing is scheduled, usually within 20 days. The landlord must prove the just cause and compliance with all procedures. If uncontested, the landlord wins by default.
- Writ of Possession: Upon winning, the court issues a Writ of Possession, authorizing the sheriff to remove the tenant if they don’t leave voluntarily. This step can take an additional 5-10 days.
The entire process typically spans 30-45 days but can stretch longer if contested or if errors occur.
Step 5: Post-Eviction Considerations
After regaining possession, landlords should:
- Handle Security Deposits: Under California law, return the tenant’s security deposit (minus lawful deductions) within 21 days, with an itemized statement and receipts.
- Assess Compliance: Ensure all local and state requirements were met to avoid tenant lawsuits for wrongful eviction.
- Monitor Ordinance Updates: Costa Mesa’s tenant protections are evolving. A May 2024 report showed a 50% drop in evictions since the ordinance’s adoption, but council members have signaled potential expansions, like increased rental assistance (approved in October 2024).
Challenges and Tips for Landlords
Navigating Costa Mesa’s eviction process presents unique challenges:
- Administrative Burden: The city’s reporting requirements and relocation payments add complexity and cost. Small-scale landlords may find these particularly burdensome.
- Legal Risks: Tenant attorneys can exploit procedural errors (e.g., improper notice or missing documentation) to delay evictions or sue for damages.
- Market Impact: Stricter rules might deter investment, as some landlords argue they infringe on property rights. However, the ordinance aims to balance this with tenant stability.
To succeed, landlords should:
- Consult an eviction attorney familiar with Costa Mesa’s rules.
- Maintain meticulous records of notices, payments, and communications.
- Communicate proactively with tenants to resolve issues before escalating to eviction.
Recent Developments and Future Outlook
As of April 9, 2025, Costa Mesa’s eviction protections remain a work in progress. The city allocated $300,000 in American Rescue Plan Act funds in 2023 for tenant aid, expanded in 2024 to cover up to six months’ rent or $10,000 in back rent for qualifying families. Data from May 2024 shows 35 eviction notices filed since November 2023, with 25 being no-fault—a significant decline from pre-ordinance levels. This suggests the rules are deterring evictions, though critics argue assistance accessibility remains a hurdle.
Looking ahead, landlords should anticipate further refinements. Council members have expressed interest in tweaking eligibility for aid and enhancing outreach, reflecting Costa Mesa’s proactive stance on housing stability amid California’s broader affordability crisis.
Conclusion
The eviction process in Costa Mesa demands careful attention to detail, from serving notices to meeting local mandates like relocation assistance and city reporting. While California law provides the foundation, the city’s ordinance adds a layer of complexity that landlords must master to protect their interests and avoid legal pitfalls. By staying informed and proactive, landlords can navigate this process effectively, ensuring compliance while maintaining their rental business. In a city where renters dominate, striking this balance is more critical than ever.
