Eviction Frequently Asked Questions (FAQ’s)

Eviction Frequently Asked Questions #1

How do I begin the eviction process?

In accordance with the California Code of Civil Procedure section 1161, the eviction process regarding nonpayment of rent begins with the three day notice to pay rent or quit.

When it comes to other types of evictions, as the landlord you must ensure that you are following the law in regard to the type of notice you, as the landlord, provides the tenant. How long the tenant has lived on the property will determine whether you provide a 30 day notice or a 60 day notice in cases other than non-payment of rent.

Conserv - Person, Estate TOEviction Frequently Asked Questions #2

What can I charge the tenant within the three day notice to pay rent or quit?

In accordance with the California Code of Civil Procedure section 1161 (2) in regard to nonpayment of rent, the only amount you may charge a tenant is the actual rent. You cannot charge the tenant late fees within the three day notice or any other types of fees.

Eviction Frequently Asked Questions #3

How important is the notice to the eviction process?

Whatever notice you provide the tenant, whether it be a three day notice, 30 day notice, 60 day notice you must ensure that the notice is correct and served properly. Otherwise, you may lose your case.

Eviction Frequently Asked Questions #4

How much does it cost to file an eviction in Los Angeles?

It cost $240 to file an eviction in Los Angeles County.

Eviction Frequently Asked Questions #5

Where do I file an eviction for my property?

In accordance with the Los Angeles County unlawful detainer ZIP Code table, it depends on the property’s ZIP Code. Los Angeles has structured the eviction court filing locations into districts.

For example, Long Beach Courthouse is considered the South District for eviction purposes and there are specific ZIP Codes that qualify for Long Beach Courthouse unlawful detainer filings and only those ZIP Codes are heard at that specific courthouse.

Eviction Frequently Asked Questions #6

When should I start the eviction process?

In regard to nonpayment of rent, you should begin the eviction process as soon as the tenant is late paying rent. You cannot wait until the tenant is late more than one month. Otherwise, you may never collect the back owed rent.

As soon as the tenant is late, you should immediately serve the tenant a three day notice to pay rent or quit. At that point, if the tenant does not pay rent within the three days and does not leave, within the same amount of time, at that point, you must file the unlawful detainer complaint to remove the tenant from your property. Waiting to take this step only puts the landlord in a financial bind because of the amount of rent and time that may lapse.

Eviction Frequently Asked Questions #7

How long does the eviction take once filed with the court?

It varies depending case by case. However, if the tenant does not answer the complaint it typically takes about 45 days from the filing of the complaint to the final lockout. However, if the tenant answers the complaint then it may take up to 90 days.

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