Landlord and Tenant Issues, Filing Unlawful Detainer Proceedings to Evict a Tenant; Responding to an Evictiom

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Landlord Unlawful Detainer/Eviction: $329.00
Tenant Response to Eviction: $150.00

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INFORMATION ON UNLAWFUL DETAINERS Please note - all information provided through this site has been taken from self-help publications and/or Informational booklets provided by the Court or authored by attorneys. This information is general, published, factual information and should not be cited on or relied on as legal authority nor should it be considered legal advice.

Overview of Eviction Process

Most eviction/unlawful detainer proceedings are filed by the landlord because the tenant has failed to pay the rent. No matter what the reason, before a landlord can file an unlawful detainer proceeding against their tenant, the tenant’s right to possession of the property must be terminated. Notice of this termination must be provided in writing and a landlord must follow strict procedures to legally obtain possession of the premises. The entire process can take from 20 to 45 days, and sometimes more depending upon the court branch n which the case is filed.

There are many reasons a landlord may want to terminate a renter’s tenancy. They include:

nonpayment of rent

a violation of the rental or lease agreement

illegal act ivies taking place by the renter

the property being sold

Generally speaking, the type of situation will determine the type of notice required to be given to the tenant. In California, when rent is unpaid, a 3 day notice can be provided to the tenant. In situations situations when the tenant has paid the rent but the landlord wants the tenant to move, a 30 day notice is required. Tenancies over one year require 60 days notice. (This rule had previously expired effective 1/1/06 but became effective again 1/1/07.) With governmental subsidized tenancies, a longer, 90 day notice is required. Certain areas may also be under rent control which imposes specific restrictions and regulations between landlords and their tenants.

After the expiration of the notice period the tenant remains in the property, the landlord must then proceed with filling the necessary court documents to obtain a court order for possession. This process is known as an unlawful detainer proceeding. In this process, the tenant must be served with the complaint and they have five days to then file a response. Often tenants will file a Response merely to delay the proceeding. If an Response is filed, the matter will most likely have to proceed to a court trial before possession can be formally obtained.

Even after the court gives the landlord a judgment for possession of the property, some tenants may still remain in the property until the absolute last moment possible. Once judgment is obtained, the landlord will need to obtain a Writ of Possession that is served on the tenant by the Sheriff. The Sheriff will set a specific date on which the property will be turned over to the landlord. If the tenant remains in the property with the Sheriff arrives, the Sheriff will physically remove the occupants of the property and the landlord can make arrangements to change the locks.

Filing Your Proceeding Using our Self-Help Services:

In view of the voluminous paperwork required by the court, preparing all of the necessary eviction documentation can easily be overwhelming for the average lay person. For routine proceedings, this process can easily be facilitated with the assistance of a registered Legal Document Assistant or Unlawful Detainer Assistant .

Our services include the preparation and court processing of your court documents and scheduling of the required hearings. In addition, our office offers a comprehensive self-help library which is available to all clients during document preparation services performed in our office as well as a complimentary attorney-approved self-help booklet pertaining to your particular type of proceeding. To proceed with your document preparation, click on the link below.