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Eviction Process of Eviction
This post is for those who require more in-depth information about the eviction procedure.
Before a renter can be evicted, there are a number of steps in the eviction procedure that a
proprietor should follow. The primary step is the proprietor needs to provide the occupant a
notice. The notification can be for a variety of factors, but the most common kinds of eviction
notice are: non-payment of lease or a "notification to pay lease or quit"; thirty or sixty-day
notification to end occupancy; breach of lease or "notification to cure covenant or quit," or
"notice to perform covenant or give up."
http://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-715-010.html Notices
A notification to pay lease or quit is typically a three-day notification. This is the minimum
quantity of time the law states that a notice for non-payment of rent can be. As long as the
notice to pay lease is 3 or more days, and the renter doesn't move or pay out within 3 days,
then it is lawfully sufficient for the property owner to move on with the eviction process.
Unlawful Detainer
After providing an occupant the proper notice, the landlord's next action in the eviction
process is the filing of an eviction suit. In California, eviction suits are called "unlawful
detainer." Seems like something criminal, however it's not. There are no criminal effects from
an illegal detainer case. It is merely the method the type of case is called. Unlawful detainer
cases are "summary" proceedings. This means that these cases move quickly through the
court process. When the suit is initially served on them, tenants have only five days to file a
written reaction. The case is then set for trial within 21 days, per the law. These cases can be
heard by a judge a trial and decided within a month. If a renter does not submit any type of
reaction on time, then a "default" can be filed versus them on the 6th day after being served,
then it's a matter of days before the constable comes to evict them. We will talk more about
that later in this post. When the case is over, then there is a "judgment" made by the judge. If
the property owner wins the case, then the judgment will permit the property owner to
progress with the next part of the eviction procedure.
Court Order
If the property owner gets a judgment in his favor, then the court will purchase what is called
a "writ of belongings." This is a court order that tells the constable he has consent from the
court to proceed with eliminating the renter, or "lock-out." cite Numerous unknowing renters
believe that a landlord can just lock them out. Some proprietors even lie and state they can.
The fact is that just the sheriff can lawfully remove or lock out a renter. Any other way is
unlawful.
To sum it up, the eviction process can be as brief as a couple weeks, but usually about a
month. The eviction procedure starts with a composed notice from the proprietor. Then, if the
renter does not comply, the property manager needs to file an illegal detainer eviction claim.
After the claim is submitted and served on the renter, there is court procedures or trial. The
property owner should dominate at trial to be offered a writ of ownership court order by the
court. The writ of possession then should be offered to the constable to begin the last step in
eviction. Just the sheriff can remove the renter or lockout.