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Landlord Unlawful Detainer/Eviction: $349.00
Tenant Response to Eviction: $150.00
Our services always include:
Interview and gathering of data from client
Preparation of all standard legal documents (no additional or hidden costs)
Free preparation of court fee waiver forms for qualified individuals
Processing/filing of documents with appropriate court
Unlimited communication via email
Coordination of service of process (if appropriate)
Client copies of documents
Unlimited access to your court case docket
Free comprehensive Legal Guide regarding your proceeding
Fees are for Document Preparation only and do not include any filing fees or other costs
All services include a free, comprehensive, attorney-authored LEGAL GUIDE specific to your particular matter
IT IS ALWAYS RECOMMENDED THAT YOU SEEK LEGAL ADVICE FROM AN ATTORNEY
BEFORE FILING ANY LEGAL DOCUMENTS. MANY ATTORNEYS OFFER FREE CONSULTATIONS.
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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.
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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.
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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.
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