Frequently Asked Questions
What is an eviction?
A legally enforceable order from a court to leave a property.
Evicting a tenant in California is a complicated process due to the strict tenant laws. If the tenant wins, then the tenant gets to stay and the landlord may have to pay the tenant’s court fees.
Good news is that we are here to help! With over 30 years of experience our staff will handle your eviction with care to make sure things are done right.
What are my rights?
In California, a landlord may be able to evict a tenant if the tenant:
⦁ Fails to pay the rent on time.
⦁ Breaks the lease or rental agreement and will not fix the problem (like keeping your pet when pets are not allowed).
⦁ Damages the property bringing down the value (commits "waste").
⦁ Becomes a serious nuisance by disturbing other tenants and neighbors even after being asked to stop.
⦁ Uses the property to do something illegal.
A landlord cannot evict a tenant for an illegal reason like discrimination or to get back at the tenant for taking action against the landlord (like filing a complaint because the property’s heating system is broken).
How long does it take to evict a tenant?
Depending upon the initial notice served and the amount of cases going through the courthouse, the process usually runs from five to seven weeks after the initial notice has expired. If the tenant contests the eviction it will run closer to seven weeks.
How much does an eviction cost?
We have all fees listed under the "prices" tab.
Where do I start?
Every eviction starts with an initial notice. We can serve the initial notice for you starting at $55 for a local service. You just need to call ((760) 245-8532) or email (actioneviction86@gmail.com) and we will ask you information about the tenants, address, and owner . Details of the entire eviction process is listed under the "eviction process" tab.
If you would like to type and serve this yourself please call the office and we can give you a blank notice. This notice needs to meet all requirements of current California law or you will lose the case.
A legally enforceable order from a court to leave a property.
Evicting a tenant in California is a complicated process due to the strict tenant laws. If the tenant wins, then the tenant gets to stay and the landlord may have to pay the tenant’s court fees.
Good news is that we are here to help! With over 30 years of experience our staff will handle your eviction with care to make sure things are done right.
What are my rights?
In California, a landlord may be able to evict a tenant if the tenant:
⦁ Fails to pay the rent on time.
⦁ Breaks the lease or rental agreement and will not fix the problem (like keeping your pet when pets are not allowed).
⦁ Damages the property bringing down the value (commits "waste").
⦁ Becomes a serious nuisance by disturbing other tenants and neighbors even after being asked to stop.
⦁ Uses the property to do something illegal.
A landlord cannot evict a tenant for an illegal reason like discrimination or to get back at the tenant for taking action against the landlord (like filing a complaint because the property’s heating system is broken).
How long does it take to evict a tenant?
Depending upon the initial notice served and the amount of cases going through the courthouse, the process usually runs from five to seven weeks after the initial notice has expired. If the tenant contests the eviction it will run closer to seven weeks.
How much does an eviction cost?
We have all fees listed under the "prices" tab.
Where do I start?
Every eviction starts with an initial notice. We can serve the initial notice for you starting at $55 for a local service. You just need to call ((760) 245-8532) or email (actioneviction86@gmail.com) and we will ask you information about the tenants, address, and owner . Details of the entire eviction process is listed under the "eviction process" tab.
If you would like to type and serve this yourself please call the office and we can give you a blank notice. This notice needs to meet all requirements of current California law or you will lose the case.
| Eviction Intake Form Printable |
| Eviction Intake Form Fillable |
| Proof of Service |
What do I need to get ready for court?
Arrive at least 30min before your appointed time for court.
No shorts, tank tops, or children under 18.
Bring To Court
⦁ All accounting records
⦁ Maintenance receipts
⦁ Print out any text messages or emails that you feel may be pertinent to winning your case
⦁ The judge will not look at phones or any electronic devices
⦁ Keep in mind that you may feel yours is a cut and dry case but often times the tenants will prepare statements about their living condition you may not expect.
⦁ The only way to convince the judge to believe you and not them is by having any kind of written evidence to show him. That is why we encourage you to bring your whole file.
⦁ Maintenance receipts
⦁ Print out any text messages or emails that you feel may be pertinent to winning your case
⦁ The judge will not look at phones or any electronic devices
⦁ Keep in mind that you may feel yours is a cut and dry case but often times the tenants will prepare statements about their living condition you may not expect.
⦁ The only way to convince the judge to believe you and not them is by having any kind of written evidence to show him. That is why we encourage you to bring your whole file.
What The Judge Asks
You will be asked in court if your tenant is still in possession of your property. If by some chance they have vacated prior to court, or even turn in keys in court, the judge will not proceed with your case that day. You will have two options:
⦁ Convert your case to civil court in San Bernardino at which time should seek additional counsel that practices that area of law.
⦁ Dismiss your current unlawful detainer case and pursue the tenant in small claims court for any monetary damages owed to you.
⦁ Convert your case to civil court in San Bernardino at which time should seek additional counsel that practices that area of law.
⦁ Dismiss your current unlawful detainer case and pursue the tenant in small claims court for any monetary damages owed to you.
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.