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.
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.
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.
It cost $240 to file an eviction in Los Angeles County.
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.
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.
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.
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.
Publishing Rights: You may republish this article in your website, newsletter or book on the condition that you agree to leave the article, author’s signature and all links completely intact.
You’re welcome to reprint these articles on your website and in your e-newsletters free of charge, provided you don’t change the article in any way and you include the byline (including a link to our site).
In doing so you agree to indemnify superiorcourtdocs.com, its directors, officers, employees, and agents from and against all loses, claims, damages, and liabilities that arise out of their use.
THIS WEBSITE and all of the materials and information on the Site is general in nature and are provided for informational purposes only.
Nothing on the Site should be construed as legal advice or used as a substitute for legal advice. The opinions stated in this site are based on personal experience.
Collection Collection The unfolding legal battle between former Defence Minister Linda Reynolds and Brittany Higgins…
DIY Divorce in Los Angeles In Los Angeles, a DIY divorce refers to the process…
Divorce is a difficult time for all involved, and it can be hard to know…
So you have a valid reason to sue someone but you have shopped your lawsuit…
This is a common question that is asked frequently online in regard to divorce papers…
Have you ever heard the expression, “you get what you pay for”? That expression should…