Getting Started
We understand how important it is to you to help your tenant find accommodations that are better suited elsewhere. First, let's understand the reason for evicting your tenant (e.g. Is it because your tenant owes you rent? Did they move in unauthorized occupants? Are they a nuisance? Did they break the lease agreement? Do you need the property back for your own personal use?
Keep in mind that tenants must be given notice (3-day, 30-day, etc.) and the time in the notice has ended, we can file eviction papers with the Courts. This is called an “Unlawful Detainer” Complaint. After the case is filed, the tenant will properly be “served” with the Complaint and the Summons. Keep in mind there are times when it is never okay to evict a tenant. So long as the reason is valid, Landlord Service Center can help you.
Types of Notice
he most common types of notices that are served prior to starting an eviction are as follows:
-
3-Day Notice to Quit (for purchase at Trustee’s Sale after foreclosure),
-
3-Day Notice for Non Payment of Rent,
-
3-Day Notice for Breach of Contract,
-
30-Day Notice to Terminate Tenancy for tenants who have occupied a property for less than 12 months,
-
60-Day Notice to Terminate Tenancy for tenants who have occupied a property for more than 12 months
Properties that are covered by the rent control ordinance and government assistance programs follow different rules. Find out if your property is in a rent control area by researching your local city's database.
​
SUBSIDIZED GOVERNMENT HOUSING PROGRAMS
-
A minimum of a 90-Day Notice to Terminate Tenancy, NO MATTER WHAT! Most specialists at the County’s Housing Authority will inform you that a 30-Day Notice is sufficient if it is “for cause”, but that is incorrect. A specific civil code section requires landlords to issue a 90-Day Notice to Terminate Tenancy to ANY tenants who are supported by government assistance programs. Please note that all housing contracts are initially fixed-term one-year leases, then they become month-to-month contracts after the first year ends. You cannot terminate a housing contract with a 90-Day Notice until the initial one-year lease expires.
1. Serve a Notice
A notice is prepared and served to your tenant(s). For example, a 3-Day Notice to Pay Rent or Quit or a 30-Day Notice to Terminate Tenancy. There are several types of notice as indicated above.
​
This is where you can begin a working relationship with our office. We charge a flat fee to prepare and serve a notice, depending on the county it is located in and if it is residential, commercial, or covered by the TPO. Contact Us for a free consultation!
2. The Notice Expires
The time period stated in the notice that was served in Step 1 has ended, and your tenant did not take the appropriate action that was demanded in the notice. For Example, if a 3-Day Notice for Nonpayment of Rent was issued and the tenant didn’t pay the rent, or if a 30-Day Notice to Terminate Tenancy was issued and the tenant didn’t move out, then we can move on to Step 3 and Start the Eviction (aka file the Unlawful Detainer lawsuit).
​
If your tenant DID take the appropriate action (i.e. paid the rent, vacated, etc.), then we cannot start the eviction, and your case ends here.
​
If you prepared and served your own notice, and you would like us to review it for you, please email it with a copy of your lease to info@landlordservicecenter.com
3. File the Eviction Lawsuit
A lawsuit (also known as an Unlawful Detainer or an Eviction), is filed with the court in the appropriate county and jurisdiction and given to our registered process server to service all adults in possession of the property.
4. Lawsuit is Served
The Unlawful Detainer (also known as Eviction) lawsuit is served to all the adults who live in the property. Depending on the number of adults who are being evicted and the method in which each of the adults were served, they will have between 5 and 15 days to contest the lawsuit (also known as Filing an Answer in court).
5. Uncontested
The majority of the cases in our office are Uncontested, or your tenant(s) did not file an answer by the deadline that was established by the court when your tenant(s) were served. This means we can go directly to the next step to file a “Default Judgment”, and your eviction will soon be complete.
Contact us for more information on Contested Proceedings.
6. A Judgment is Entered
A “Judgment for Possession” is entered against your tenant(s), and the court issues a “Writ for Possession.” When the “Writ” is returned from court, we deliver it to the Sheriff Department with “Instructions” to evict your tenant(s).
7. Sheriff Posts the Lockout Notice
The day after the Sheriff receives the “Writ” and “Instructions,” the Sheriff will post a notice at the property, demanding that your tenant(s) vacate the property within five days, then the Sheriff sends a letter to the owner/agent informing him of the date by which the tenant(s) must vacate the property. The letter also provides contact information for the Sheriff’s Department and provides instructions to the owner/agent if the tenant(s) do not vacate as ordered.
8. Sheriff Evicts Tenant
If your tenant(s) have not vacated the property by the “Date of Restoration” indicated on your letter from the Sheriff, then you must call the Sheriff Department at the phone number identified on the letter to confirm the lockout. When the Sheriff arrives at the property, you must be prepared to change the door locks or have a locksmith on standby who can change the locks for you. Be sure to review information in Step 9 for more information regarding valuables that were left behind, how much you can charge for storage fees, your availability on the lockout date, and more.
9. Post Eviction Landlord Requirements & Actions
Below is some general information regarding the rights and responsibilities of owners, landlords, and property managers who are in the final stages of the eviction process.
​
-
The landlord must store any property left behind by the tenant for a period of fifteen (15) days. Any perishables or obvious trash may be disposed of immediately. At the end of fifteen (15) days, the property must be disposed of in accordance with Civil Code 1980 through 1991.
-
The landlord cannot hold the property for back rent, but may charge reasonable storage fees and may hold the property until the storage is paid. The storage charge begins at mid- night the day the tenants vacate the property or the day the eviction is completed, whichever occurs first. This is not a mandatory charge and is the landlord’s decision.
-
The landlord does not have to leave the tenant’s property in the residence. He may move it to any secured area for storage. He may, if he so chooses, have a moving company come in and move the property to storage and require the tenant to pay all reasonable moving and storage costs before releasing the property to the tenant. Vehicles and pets should be considered personal property and can be removed.
-
The landlord may change the locks at the time the eviction is completed. This is recommended so the landlord can maintain control of the premises. Once the eviction is completed, any reentry of the premises by the tenant must be with the permission of the landlord or his agent only.
-
The landlord or his agent must be available between the hours of 8:00 am and 5:00 pm, Monday through Friday, to allow the tenant access to his property. The landlord must provide a number to the tenant where he or his agent can be reached during these hours. This time element is set by the court. Other times may be set if convenient and agreeable to both the landlord and the tenant.
-
If the tenant enters the property without permission or refuses to leave after being given permission to enter the premises for the purpose of moving, the landlord should call the local police and the tenant can be arrested for violation for either 602.5 Penal Code (unauthorized entering or remaining in non-commercial dwelling house) or 419 Penal Code (re-entry on land after legal ouster). Both charges are misdemeanors for which the local Police Department can be called. It is no longer a Civil problem, and the Sheriff’s Civil Section will not enforce.
-
The signed receipt is your proof that the eviction has been completed.
Seek Help from Landlord Service Center
Landlord Service Center can help at a fair price. Contact us today to schedule a consultation.
