Many landlords are confused by the complexities of landlord-tenant law in California, especially the law of unlawful detainer (evictions). Not only is California’s eviction law unique, but each county within California can have different procedures due to local court rules. Many landlords who take it upon themselves to carry out the eviction process are not properly educated about proper service and filing procedures. This results in landlords losing their right to timely restoration of their property and dismissal of their eviction lawsuit. Therefore, thorough knowledge about the eviction process is vital to swift and efficient possession of the landlord’s property. This is why our office will educate you about California eviction law and walk you through each step of the process to ensure timely restoration of your property.
In order to avoid paying court and attorney fees, landlords have also resorted to unlawful self-help measures to force the tenant out of a unit. In California, a landlord must use the court procedure in order to lawfully evict a tenant. Therefore, a landlord may not cut off utilities, lock-out a tenant, or take the tenant’s personal possessions in order to carry out an eviction. Moreover, pursuant to the California civil code, if a landlord employs unlawful methods to evict a tenant, the landlord may be subject to liability for the tenant's damages, including penalties of up to $100 per day for the time the landlord used the unlawful methods.
Don’t be confused by the law. It is important that you understand the eviction process and receive assistance in order to protect your legal right of possession. Contact us today for assistance with your eviction case or Click Here to Start Your Case immediately.
Beginning the Eviction Process: Terminating the Tenancy
In California, when a residential tenant has not paid the rent or has breached another covenant in the lease, the landlord must usually serve a 3-day notice to perform or quit in order to terminate the tenancy and begin the eviction. The notice expresses that the tenant must rectify the breach or otherwise quit the premises. Landlords must note that in rent controlled jurisdictions, CC § 1946 provides that the notice must state an approved ground for eviction under the particular rent control law.
When serving the 3-day notice, landlords should note that the day the notice was served does not count. Weekends and holidays do count towards the three days. However, the last day of the notice must be a regular “court” day (or business day). Many times, landlords forgot this rule and file their unlawful detainer lawsuits too early. This would most likely result in their lawsuit being dismissed for defective notice.
The Law Offices of Andre Sabet is committed to educating landlords about landlord-tenant law and proper eviction procedures. For this reason, we are making our entire database of landlord-tenant forms available for public use.
Click Here to Download our Landlord-Tenant Forms
The Unlawful Detainer Lawsuit
Once the 3-day notice has been properly served and the required time period has elapsed, the landlord may file an unlawful detainer lawsuit in order to evict the tenant and restore physical possession of their property. The unlawful detainer lawsuit is a “summary” procedure, which means that the case will move forward quickly and the time given to the tenant to respond is very short. In general, a tenant has five days to respond to the lawsuit after being properly served with the landlord’s complaint. Usually a judge will hear the case within twenty daysafter the tenant has filed an answer and the landlord has filed a trial request with the court.
At trial, the court will hear both parties and render a decision based on evidence presented. If the court finds in favor of the tenant, the tenant can stay in the property and the landlord may be ordered to pay for court costs and attorney fees (depending if the lease contains an attorney fee provision).
If the court decides for the landlord, then it will issue a writ of possession. The writ orders the Sherriff to remove the tenant from the rental unit and gives the tenant five days from the date the writ is served to voluntarily leave the unit. Either way, the landlord is not entitled to possession of the unit until after the Sherriff has removed the tenant or the tenant has voluntarily left the unit before the writ has been executed.
Unnamed Tenants
Many times, individuals who are not named in the lease agreement may move into the unit with the tenant before the unlawful detainer lawsuit is filed. If the landlord believes this is the case, he or she may seek to include them as defendants in the eviction action, even if he does not know their names. To do this, the landlord will have to serve the occupants with a Prejudgment Claim of Right of Possession form at the same time the summons and complaint are served on the tenants who are named defendants.
Debt & Judgment Collection Services
After successful eviction of a tenant, your case may not be over. If the tenant was behind on rent and owes you money upon eviction, we can take over and recover the money owed to you. This includes attorney fees, damages and outstanding rent. Our debt and judgment collection services are on a contingency basis which means that there is no fee if there is no recovery. Contact us for a free consultation regarding your debt or judgment collection case.
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California unlawful detainer (eviction) law can be very technical and it is vital to understand proper eviction procedure so that you can protect your legal right to swift possession of your property. Don’t be confused by the law. Protect your rights and Contact Us for assistance or Click Here to Begin Your Eviction Case.
