What is an Eviction?
An Unlawful Detainer, more commonly known as an eviction, is used when a landlord wants to get tenants out of a rental property – either commercial or residential. Only a sheriff can evict someone. Even if a tenant is months behind on rent, the landlord cannot evict the tenant or get rid of the tenant’s belongings. The landlord must get a court order for the sheriff to evict a tenant.
What are reason(s) to Evict a tenant?
Most evictions are initiated because the tenant(s) stopped paying rent, but there are other reasons or causes of action to start an eviction, such as:
- Holding possession of a property after lease has expired
- Breach of a material term of the lease
- Nuisance, waste, or using the unit for unlawful purposes
- Criminal activity on or off the premises directed at the owner or agent
- Refusal to allow lawful entry
How long does it take to evict my tenant(s)?
It really depends if your tenant decides to file an answer / contest the eviction or not. Most uncontested evictions can be done within 40 to 60 days. There are many changing factors that may determine how long the eviction process may take. Once your tenant is personally served with the unlawful detainer Summons and Complaint (Eviction papers), he/she has 5 days to go to court and file an answer, but if your tenant is avoiding service, then we must get a court order to serve by posting and mailing, giving tenant 15 days to file his/her answer. Many courts in California closed during the past years and now we have less courts and more evictions for them to process. If the eviction case is not contested, we will request a judgment by default, but if eviction is contested, then the case must go to trial and have a judge decide the case at trial.
How long can the tenant delay the eviction process?
Tenants have many defenses to fight the eviction process and often become legally aggressive when facing an eviction. Tenants may receive free legal aid to file documents to delay the eviction process and cause landlords to lose money. Eviction delays may take from a few days to a couple of months depending on which motions or demurrers are filed by the tenants. Hiring an experienced eviction service such as ours will make all the difference when countering tenants’ delaying tactics as to shorten or avoid delays entirely.
Can I just call the police and change the locks?
No!
Calling the police will not allow you legally to get a court order for possession of your property.
Under California Civil Code 789.3, a lawsuit against the landlord may be initiated by your tenant for punitive damages, plus attorney fees for each day you are locked out of the property.
In addition, the landlord could be guilty of a misdemeanor and punished by a fine of up $2,000 or six months imprisonment in County jail, or both.
How do I know what type of notice to serve?
There are different notices that must be properly served when starting the eviction process that are dependent upon the current situation that you are facing with your tenants. The most common notices are:
- 3 Day Notice to Pay Rent or Quit : Tenant failed to pay rent
- 3 Day Notice to Perform or Quit: (Fix a problem or move out) A landlord can use this kind of Notice if their tenant isn’t following the rental agreement or lease, and the problem can be fixed.
- 30 Day Notice to Terminate Tenancy: Used if tenant has a month to month agreement and has lived in your property for up to one year
- 60 Day Notice to Terminate Tenancy: Used if tenant has lived in your property for over one year
- 3 Day Notice to Quit: Incurable violations.
The above is for informational purposes only and may not apply to your situation: this is not legal advice. Always consult with your Attorney regarding any legal matters.
