California Eviction Process Guide

The eviction process is a stressful process for not only the person being evicted (tenant) but also the person doing the eviction (landlord).  The reasons for the stress are different but may also be eerily similar.

Evictions can be expensive for both the landlord and the tenant. It may not be a cheap process for either side.  Not only is it expensive in terms of money but think of the amount of time and energy it may take.  In a best-case-scenario a landlord and tenant can come to some sort of agreement prior to an eviction proceeding.  When this does not happen eviction proceedings generally occur.

What is an eviction?  Eviction is the removal of a tenant from a property by a landlord.  An eviction can also be known as an unlawful detainer and many other terms, however, the term eviction is the most commonly used term.

Landlords who believe that a tenant has violated the terms of a rental contract, whether by paying the rent late or engaging in activities disallowed by the rental contract, can serve an eviction notice. An eviction notice lets the tenant know that he or she has a specified amount of time to pack up and vacate the premises. Eviction notices are legally enforced in Los Angeles, and landlords can go through a legal eviction process for tenants who refuse to leave the property. Tenants can also claim that a property owner is evicting them for no reason and file a claim in court.

Eviction Notices

The start of the eviction process is serving the tenant with an eviction notice. Most landlords use the 30 or 60 day notices, although in extreme situations there is the option to provide a 3 day notice. Once a tenant is served with the notice, he or she has the specified time to pack up, find a new place to live, and vacate the premises. Landlords do not need to hire an attorney to serve an eviction notice. Professional court document preparers can prepare and file all of the necessary paperwork to insure a timely eviction.

Unlawful Detainer

If you serve a tenant with an eviction notice and he or she refuses to leave the property, you can file an unlawful detainer lawsuit. This situation presents itself when a tenant feels that you have no cause for eviction. To complete the eviction process, you will need to go to court and let a judge decide if the tenant must leave or not. If the tenant must leave, the judge will often allow a period of up to five days for the tenant to vacate the property before the Los Angeles sheriff arrives to remove the tenant from the property.

Although some eviction processes involve more than a notice, you can still conduct the eviction process without needing an attorney. Professional court document preparers will help you file all of the necessary paperwork and submit it to the court, whether you need to appear before the judge or simply need an order of eviction.

Before the filing of a lawsuit, the landlord must provide a written notice to the tenant (generally called notice to vacate or notice to quit).  A landlord can evict a tenant “without cause” (i.e. no breach in the lease, the landlord just wishes to end the tenant landlord relationship) or “for cause” (i.e. failure to pay rent or breach of any other covenant found in a lease).  The termination is generally conditional or unconditional.  Conditional means the tenant may remain in possession of the property if certain conditions are met (i.e. payment of back rents owed or performance of a broken covenant).  Unconditional means there is nothing the tenant can do in order to remain in the property and they must leave by a certain, specified, date.

Responding to an Unlawful Detainer Lawsuit

If the tenant fails to vacate the property by the specified date, the landlord must serve the tenant(s) with an eviction lawsuit.  Once served with an eviction notice/unlawful detainer lawsuit the tenant must file a response with the court.  In California, the time limit given to a tenant whom is served with an unlawful detainer suit is a short five (5) days.  Failure to file a response causes the tenant to forfeit all of their rights and the landlord can file for a default judgment against the tenant and basically win the lawsuit.

Tenant Defenses and Court Proceedings

By filing an answer a tenant may state their side of the story.  Maybe they feel the landlord is wrong in filing the unlawful detainer and within their answer they may express why.  Maybe they were served the notice improperly.  All of these are affirmative defenses, where if the judge ultimately sides with the tenant they will be allowed to stay in possession of the property.  However, if the landlord wins, the tenant will be forced to vacate, generally within a week of the ruling.  Although there are ways to delay this a few days, ultimately, the tenant will have to vacate sooner rather than later.

Writ of Possession and Sheriff Lockout

If the tenant still fails to leave after the eviction/unlawful detainer action, the landlord will obtain a writ of possession from the court.  They then give the writ to a sheriff or law enforcement official who will post a move out date at the property.  On the date posted, the landlord must be present with a locksmith.  The sheriffs will enter the home and physically remove anyone remaining in the property.  The locksmith will then change the locks.  Any property left in the home will be available to the tenants once any back owed rents, or judgment against them is paid.

Consequences of Eviction

Evictions/Unlawful detainer actions should not be entered into lightly. An eviction/unlawful detainer action will appear on a tenant’s credit report and make it difficult to rent a new place.  Communication early on in the eviction/unlawful detainer process is crucial.  Any opportunity for an agreement to be reached outside of court is the best case scenario for everyone involved.

For additional assistance in hiring a legal document assistant, we offer affordable and accurate legal document preparation services. Call us today for a free consultation toll free at 1-888-731-1500.

Luis Castro is the President of Superior Court Docs . Visit today for a free consultation and preparation of your legal paperwork.

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