Are you a landlord in California? Facing the daunting task of evicting a tenant? Don’t worry, we’ve got you covered.
In this article, we’ll guide you through the step-by-step process of evicting a tenant in California. From serving eviction notices to filing a lawsuit and dealing with the sheriff’s office, we’ll cover everything you need to know.
So, let’s dive in and navigate the California eviction process together.
Initial Notices and Steps
What notices should you serve as a landlord in California when initiating the eviction process?
To begin the process to evict someone in California, you need to serve the appropriate notices in accordance with California state eviction laws. There are three types of notices that can be served.
1. A three-day eviction notice, which gives the tenant three days to pay or quit.
2. A rent demand notice, which also gives the tenant three days to pay the rent or vacate the premises.
3. A lease violation notice, which provides the tenant with three days to cure the violation or quit the property.
These notices must be served personally, left with someone of suitable age, or posted on the front door.
Once these notices are served, the eviction lawsuit can be filed in California Superior Court. The complaint, which should be verified and include all necessary details, must be attached with the eviction notice, proof of service, and rental agreement.
The filing fee for the eviction lawsuit ranges from $240 to $435, and there may be additional fees for the first appearance and undertaking. The court then issues a summons that must be served personally, handed to a person over 18, or delivered to the tenant’s attorney. If personal service isn’t possible, the summons can be mailed to the tenant.
Proof of service must be filed with the court within 60 days, failure to do so may result in case dismissal. The tenant has five days to file an answer after being served the summons. If the tenant fails to file an answer, a default judgment may be granted.
The court sets a date for the eviction hearing, which is typically held within 20 days of filing. Once the eviction hearing is scheduled, the court issues a writ of restitution, which the landlord takes to the sheriff’s office for service to the tenant. The tenant then has five days to move out, and if they fail to do so, the writ must be executed by a registered process server.
The officer will search the property after five days, and if the tenant is still in possession, the officer will forcibly remove the tenant. The sheriff handles the physical removal of the tenant, and the property is then delivered back to the landlord.
Filing Lawsuit and Serving Summons
To continue the eviction process in California, you need to:
– File an eviction lawsuit with the court and serve the tenant with a summons.
– File the eviction complaint, which should be verified and include all necessary details, with the court.
– Attach the eviction notice, proof of service, and rental agreement to the complaint.
– Pay a filing fee ranging from $240 to $435, and potentially an additional fee for the first appearance and undertaking.
– Serve the summons personally to the tenant, hand it to a person over 18, or deliver it to the tenant’s attorney.
– If personal service isn’t possible, the summons can be mailed to the tenant.
– File proof of service with the court within 60 days to avoid case dismissal.
Tenant’s Response and Eviction Hearing
Once the tenant has been served with the summons, it’s important for the tenant to promptly file an answer within five days to respond to the eviction lawsuit. If the tenant fails to file an answer, the court may grant a default judgment against you.
The court will then set a date for the eviction hearing, which will be held within 20 days of filing. During the eviction hearing, both you and the tenant will have the opportunity to present your arguments and evidence. It’s crucial to prepare your case thoroughly and present your side of the story effectively.
Remember to adhere to all court procedures and deadlines to ensure a fair and just resolution to the eviction process.
Tenant’s Move-Out and Sheriff’s Involvement
When it’s time for the tenant to move out, the sheriff’s involvement becomes necessary when filing a California eviction lawsuit. Once the court issues a writ of restitution, the landlord takes it to the sheriff’s office for service to the tenant. The writ must be personally served or posted at the premises.
After receiving the writ, the tenant will have five days to move out. However, if they have valid reasons, they can request a stay of execution. The writ must be executed by a registered process server, and after five days, an officer will search the property. If the tenant is still in possession, the officer will forcibly remove them, and the property will be delivered back to the landlord.
The sheriff is responsible for handling the physical removal of the tenant.
Evicting a Squatter and Eviction Costs
If you encounter a squatter in California, you can evict them and incur various eviction costs. Squatters are individuals who move into vacant properties without permission or paying rent. In California, squatters can be charged as criminal trespassers and legally evicted.
However, squatters can claim a right of possession by meeting state-determined criteria. These criteria include living in the property, making improvements to it, and paying property taxes for five consecutive years.
To evict a squatter, you’ll need to go through the eviction process, which can be costly. The cost of eviction varies widely depending on the case and circumstances, including court filing fees, lost rent, and the time and stress involved.
The duration of the eviction process also varies based on complexity, caseload, and the actions of the squatter.
Conclusion
So there you have it, a comprehensive guide to navigating the eviction process in California.
From serving eviction notices to filing a lawsuit and going through the eviction hearing, we’ve covered all the necessary steps.
Remember to follow the proper procedures and stay informed about your rights as a landlord.
While the eviction process can be daunting, with the right knowledge and resources, you can achieve a smooth and successful outcome.
Good luck with your eviction process!
