What are the steps to an eviction?
Step 1: Serve initial notice
This will take 3 days to 60 days depending on the notice
In order to start the eviction process we must first give the tenant written notice. Depending on the reason for eviction you need to start with an initial preliminary notice. The most common are
⦁ Three-Day Notices to Pay Rent or Quit,
⦁ Thirty-Day Notices, or
⦁ Sixty-Day Notices.
* Thirty-Day Notices or Sixty-Day Notices are needed for evictions when the tenant is paying rent.
* If the tenant does not do what the notice asks, we then file an unlawful detainer case in court when the notice period ends.
Step 2: Complete and File the forms
The entire process of evicting a tenant takes 6 to 8 weeks depending on how backlogged the courts are, how long it takes to serve the tenant, and if the case goes to court.
Step 3: Serve the unlawful detainer
This process takes 2 to 7 days depending on if the tenant is present during the time of service.
There are three different ways we can serve the tenant:
1. Personal Service
The server gives the tenant the Summons and Complaint in person.
2. Substituted Service
If the tenant is not at home, the server can give the court papers to a competent adult member of the household.
We cannot use this type of service until the server tries at least 3 times, on different days, at different times, to serve the tenant in person.
3. Posting and Mailing
An order needs to be signed by the judge in order to serve by this method. To ask the court, the server must first try to serve the tenant in person or by substituted service. After the required amount of attempts the server can write a declaration for the court explaining that our server was not successful.
Step 4: Wait for response
Once the tenant is properly served with the Summons and the Complaint, the tenant has 5 to 15 days to respond depending on how they were served.
*If the tenant does not file a response:
We will file for a default judgment and complete the eviction without going to court.
*If the tenant responds:
We check with the courthouse daily to see if an answer was filed. If the tenant responds you will need to go to court. We will accompany you at court and we highly suggest using our attorney to represent you in court.
*If you choose to represent yourself you will be required to go to mediation if the tenant is present in court..
Step 5: Performing the lockout (if tenants don't move out after the judgment is issued)
Once the court provides us with a judgment in an unlawful detainer case, we request a writ of possession and lockout from the sheriff. The sheriff’s deputies post the notice to vacate on the property. After its posted they will notify our office of the exact date and time of your lockout.
*We then notify the owner immediately so they can meet the sheriff at the property and change the locks. The owner will need to provide a way for the sheriff to get into the property. If you don't have a key you may need to have a locksmith meet you at the property.
*Performing the Lockout
Anything left behind by the tenant needs safekeeping by the landlord for a period of 18 days. The landlord needs to give written notice of the abandon property to the tenant or anyone they believe to be an owner of the property. The details of this process is listed in California Code, Civil Code - CIV §1983 and CIV §1984.
After the 18 days, if the landlord reasonably believes that the total resale value of the property is less than seven hundred dollars ($700), the landlord may retain the property for his or her own use or dispose of it in any manner.
*If the amount is over $700 you should contact an attorney for the right process to sell the property.
This will take 3 days to 60 days depending on the notice
In order to start the eviction process we must first give the tenant written notice. Depending on the reason for eviction you need to start with an initial preliminary notice. The most common are
⦁ Three-Day Notices to Pay Rent or Quit,
⦁ Thirty-Day Notices, or
⦁ Sixty-Day Notices.
* Thirty-Day Notices or Sixty-Day Notices are needed for evictions when the tenant is paying rent.
* If the tenant does not do what the notice asks, we then file an unlawful detainer case in court when the notice period ends.
Step 2: Complete and File the forms
The entire process of evicting a tenant takes 6 to 8 weeks depending on how backlogged the courts are, how long it takes to serve the tenant, and if the case goes to court.
Step 3: Serve the unlawful detainer
This process takes 2 to 7 days depending on if the tenant is present during the time of service.
There are three different ways we can serve the tenant:
1. Personal Service
The server gives the tenant the Summons and Complaint in person.
2. Substituted Service
If the tenant is not at home, the server can give the court papers to a competent adult member of the household.
We cannot use this type of service until the server tries at least 3 times, on different days, at different times, to serve the tenant in person.
3. Posting and Mailing
An order needs to be signed by the judge in order to serve by this method. To ask the court, the server must first try to serve the tenant in person or by substituted service. After the required amount of attempts the server can write a declaration for the court explaining that our server was not successful.
Step 4: Wait for response
Once the tenant is properly served with the Summons and the Complaint, the tenant has 5 to 15 days to respond depending on how they were served.
*If the tenant does not file a response:
We will file for a default judgment and complete the eviction without going to court.
*If the tenant responds:
We check with the courthouse daily to see if an answer was filed. If the tenant responds you will need to go to court. We will accompany you at court and we highly suggest using our attorney to represent you in court.
*If you choose to represent yourself you will be required to go to mediation if the tenant is present in court..
Step 5: Performing the lockout (if tenants don't move out after the judgment is issued)
Once the court provides us with a judgment in an unlawful detainer case, we request a writ of possession and lockout from the sheriff. The sheriff’s deputies post the notice to vacate on the property. After its posted they will notify our office of the exact date and time of your lockout.
*We then notify the owner immediately so they can meet the sheriff at the property and change the locks. The owner will need to provide a way for the sheriff to get into the property. If you don't have a key you may need to have a locksmith meet you at the property.
*Performing the Lockout
Anything left behind by the tenant needs safekeeping by the landlord for a period of 18 days. The landlord needs to give written notice of the abandon property to the tenant or anyone they believe to be an owner of the property. The details of this process is listed in California Code, Civil Code - CIV §1983 and CIV §1984.
After the 18 days, if the landlord reasonably believes that the total resale value of the property is less than seven hundred dollars ($700), the landlord may retain the property for his or her own use or dispose of it in any manner.
*If the amount is over $700 you should contact an attorney for the right process to sell the property.
What are complications that can occur in evictions?
Bankruptcy
On occasion a tenant will file a bankruptcy which may delay your eviction until you get relief from the bankruptcy stay. If this happens you can inquire in our office regarding your options.
Demurrer
A demurrer is filed when the tenant says that the complaint fails to include all the facts or elements that the law requires to justify an eviction. Demurrers can delay the case by a few weeks but we know how to handle these as they come.
Motion to quash service
A motion to quash service is filed when the tenant says that the landlord did not serve the Summons and Complaint properly. If the tenant wins, the landlord has to re-serve the Summons and Complaint. If the landlord wins, the tenant will have to answer the Complaint promptly. Just like demurrers, motions can delay the case but we will respond fast to complete the eviction.
Ex parte hearing
The tenant can request an ex parte hearing from the court during the five days after receiving the notice to vacate, but they must inform the landlord of such a hearing by 10 a.m. of the prior day. However, the tenant must have a legitimate reason to request additional time. Once again this is just a stall tactic and we will help you navigate this process.
Stay of execution
A tenant can file a motion to stay their lockout once he or she gets a notice from the sheriff. The amount of time the tenant can stay will depend on the judge. The tenant needs a good reason to ask for more time. And a tenant must act very quickly or he or she will not be able to delay the eviction. More time is rarely is granted by the court.
On occasion a tenant will file a bankruptcy which may delay your eviction until you get relief from the bankruptcy stay. If this happens you can inquire in our office regarding your options.
Demurrer
A demurrer is filed when the tenant says that the complaint fails to include all the facts or elements that the law requires to justify an eviction. Demurrers can delay the case by a few weeks but we know how to handle these as they come.
Motion to quash service
A motion to quash service is filed when the tenant says that the landlord did not serve the Summons and Complaint properly. If the tenant wins, the landlord has to re-serve the Summons and Complaint. If the landlord wins, the tenant will have to answer the Complaint promptly. Just like demurrers, motions can delay the case but we will respond fast to complete the eviction.
Ex parte hearing
The tenant can request an ex parte hearing from the court during the five days after receiving the notice to vacate, but they must inform the landlord of such a hearing by 10 a.m. of the prior day. However, the tenant must have a legitimate reason to request additional time. Once again this is just a stall tactic and we will help you navigate this process.
Stay of execution
A tenant can file a motion to stay their lockout once he or she gets a notice from the sheriff. The amount of time the tenant can stay will depend on the judge. The tenant needs a good reason to ask for more time. And a tenant must act very quickly or he or she will not be able to delay the eviction. More time is rarely is granted by the court.