Steps Followed to Evicting Tenants in California
The process of evicting tenants in California is time-consuming and it requires an experienced Eviction Lawyer – Eviction Attorney. Filing a lawsuit is the only legal way of evicting a tenant. Eviction lawsuits in California are referred to as Unlawful Detainer actions.
Steps Followed to Evict Tenants in California
Have Legal Grounds to Evict Tenants
Before evicting a tenant, a landlord should have a valid reason. According to the California Eviction Law, landlords can evict tenants if they violate the terms of the agreement, fail to pay rent, use the property for unlawful deeds, or disturb other tenants.
Landlords are not allowed to use personal methods to evict tenants, and they should follow the unlawful detainer process. This means that they cannot lock tenants out or cut off basic utilities. If this is done and the tenant sues the landlord, they can be penalized.
Serve the Tenant with a Notice
Tenants who fail to pay rent should be served with a three-day notice indicating that rent is due. In such a case, only the rent is indicated and not penalties and other utilities. The notice should also provide the name, contact details and bank account number of the landlord where the rent should be paid. Landlords can also use the three-day notice when a tenant violates the rental contract. In some cases the bleach can be corrected, for instance, having a pet when they aren’t allowed. In such a situation the landlord has to give the tenant three days to fix the problem.
When evicting a tenant who has lived in a house for a few months, the landlord should give them a notice to move out in 30 days. However, if the tenant has been living in the house for more than a year, the landlord should give them a 60 days notification.
Filing a Case in a California Court of Law
After the landlord sends the eviction notice and it expires, he or she should wait for 30 more days before filing an unlawful detainer complaint. There are some important forms that a landlord requires to file the case, and at such a time it is important to consult an attorney.
The landlord has to submit the civil case cover sheet together with the unlawful detainer complaint to the courthouse near the location of the property. At such a point a landlord should have an experienced Eviction Lawyer – Eviction Attorney to help them file the documents. The courthouse clerk will then issue summons and stamp a copy of the unlawful detainer complaint.
With the assistance of a landlord Attorney – Eviction Lawyer, the landlord will serve the tenant with the legal documents and then file proof of serving them. The tenant will have a maximum of five days to communicate back and when they default the landlord can result to go through the court process which can eventually lead to the judge issuing the landlord with a Writ of Possession to allow the Sheriff to lock the tenant out.