How the Process Works
We discuss your situation and decide on the best course of action. If eviction is the appropriate action, the following steps are taken:
1. I prepare a Three Day Notice to Pay Rent or Quit, a Thirty Day Notice to Quit, or a Sixty Day Notice to Quit, depending on the situation.
The Three Day Notice is used for a tenant who is delinquent in rent payments past the date when rent is considered late by the rental agreement or lease.
The Thirty Day Notice is used when the tenant has resided in the rental premises for less than one year, and the landlord wishes to evict the tenant for any reason whatsoever.
The Sixty Day Notice is used when the tenant has resided in the rental premises for at least one year, and there is a good cause for eviction of the tenant, such as the landlord’s need to substantially renovate the property requiring the tenant to leave the premises, or when taking the property off the rental market. In addition, good cause includes criminal activity at the rental premises, when the tenant is seriously damaging the property, or is breaching the rental agreement or lease, and has been notified that breach needs to be corrected.
If the landlord has prepared his or her own notice, I will review it for legal sufficiency. The notice may be served by the landlord or a licensed process server. In either case, it may be personally served. If the tenant is not present, the notice may be posted on the door and mailed. If a process server is needed, I will forward it to the process serving company.
2. If the tenant fails to vacate within the time framework required by the notice, I will initiate an Unlawful Detainer, a court procedure to evict the tenant.
I will prepare an Unlawful Detainer Complaint, a Summons, and a Civil Case Cover Sheet, which I will file with the Court. The Complaint must include a copy of the rental agreement or lease, and a copy of the Notice to Quit.
Once the Court approves and officially files these documents, I will forward them to the process server. The landlord cannot serve the Unlawful Detainer papers.
3. Once the papers are personally served, the tenant has ten days to file an Answer to the Complaint, excluding weekends and holidays.
If the process server is unable to personally serve the Unlawful Detainer papers, after at least four attempts on different days and times, I will prepare, and file with the Court, an Application to have the papers served by posting on the door and mailing by certified mail. Once the Application is approved the process server posts and mails it. The tenant then has twenty days, excluding weekends and holidays, to answer the Complaint.
4. If the tenant files the Answer to the Complaint within the specified time, I will then file a request for a trial date
which typically occurs about two to three weeks from the date the Court receives the request. If a trial is required, I will meet with you to discuss the testimony and documents needed to obtain a judgment from the trial court judge. The landlord must testify at trial. If the tenant fails to file a timely Answer, I will file for a default judgment, which may be approved within one week.
5. The process to effectuate the eviction is the same for a default judgment or a judgment after trial. I will file a Writ of Possession with the Court.
Once that is approved, I take copies of that to the Civil Division of the County Sheriff. The Sheriff then schedules a posting of the writ and a tenant lockout date. The posting typically occurs either in the same or following week of the date the Writ is delivered to the Sheriff. The lockout occurs about one week after the posting. The landlord or his or her agent must be present at the lockout. A locksmith may be needed for that. Unfortunately, the tenant may leave possessions at the premises, for which they get fifteen days to retrieve. Those possessions may be stored, for which the tenant must pay the storage fees.