Unlawful Detainer Attorney

CALIFORNIA EVICTION PROCESS

In California, there are two types of evictions: (1) “just cause evictions” and (2) “no-fault just cause” evictions. Both types of evictions are covered in the California Code of Civil Procedure Section 1946.2. Simply put, just-cause reasons for eviction essentially mean that the landlord has a legal reason for eviction. For example, the tenant violated a term of the lease agreement or failed to pay rent. No-fault just cause evictions, on the other hand, are when a landlord wants to evict a tenant that is not at fault. For example, the landlord wants to move into the property or wants to substantially remodel the property. Based on the specifics of a case, the team at Forward Law Group will help make the eviction process as simple and straightforward as possible for property owners and landlords. 

A SIMPLE BREAKDOWN

1. The eviction process starts by first serving a notice—this can be a 3-, 30-, 60-, or 90-day day notice (depending on the situation). The notice needs to be served in one of a few different ways:

1. Personal service: A third-party (who is not involved with the case) personally delivers the notice to the tenant at home, work, or anywhere on the street.
2. Substituted services: After several attempts (typically three or more) to personally serve the notice has failed, the server can leave the papers with someone at the tenants’s house, at least 18 years old, who lives there. 
3. Posting and mailing: The notice can also be served by posting the notice on the front door of the property and mailing a copy to the tenant's address by certified mail with return receipt requested.

1. If the tenant does not timely comply with the notice, then the landlord can file the Unlawful Detainer. The tenant has five days after being served with the unlawful detainer to file an answer or a responsive pleading.
2. If the tenant doesn’t file an answer or responsive pleading, the landlord can file a request for entry of default judgment. (Note: If the tenant does file an answer or responsive pleading, then the landlord often files a request to set the matter for trial.)
3. A landlord will then use that judgment to file a writ of possession. The writ of possession is sent to the sheriff's department. The sheriff's department will schedule what is known as a sheriff's lockout order. On the day of the lock out order, a sheriff will go out to the property to help ensure the tenant moves out.

As mentioned in the title of this section, this is a very simple and basic version of how the eviction process works. It is important to note that no two cases are completely alike, and that the details of each case are essential in understanding the best way to proceed. 

UNLAWFUL RETAINERS? CALL US NOW 

While the unlawful detainer process may seem complicated and tricky to maneuver on your own, the attorneys at Forward Law Group will make the process smooth and easy. In cities across California including Los Angeles, there are currently many types of evictions that are prohibited because of the COVID-19 pandemic. Our team will provide you with all relevant information pertaining to your case, strategize a coherent plan, and help you achieve the outcome you desire. 

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