Eviction Short Description

There are only two ways to get a tenant out of a rental property (1) the tenant voluntarily agrees to and does leave; or (2) you win an eviction lawsuit, get a judgment, get a writ, the Sheriff accepts the writ and instructions and actually goes to the property to remove any unauthorized person.

In California, all eviction cases must start upon a written Notice. The Notice must be perfect, or the tenant can defeat the landlord. The tenant is not motivated and usually does not explain why the notice is defective, until the end, which can cost the landlord time and money. In any case the notice must be served on the tenant[s] and a proof of service must be completed and attached to the Complaint described later.

After the expiration of the time stated in the notice, the landlord cannot accept rent, or the landlord loses the right to evict. The landlord needs to complete, date and sign a verified Complaint, a Civil Cover Sheet, a Summons [not signed], Supplemental Allegations, and a

Prejudgment Claim of Right to Possession⁠

. If the Court accepts those papers by stamping them, then the landlord needs to get someone else, who is not a party to the case to physically hand copies to each tenant - also known as personally serve, the person who served must complete a

Proof of Service⁠

that needs to be filed with the Court.

Within ten (10) days after service of those papers, the tenant must file papers with the Court and give copies of those papers to the landlord. Generally, it's an

Answer⁠

, meaning a denial of landlord's allegations and defenses and excuses why the tenant should win; a

Demurrer⁠

, meaning an argument that the complaint is legally defective, or a motion to quash, arguing that service is not valid and the court does not have power over the defendant.

If the tenant does not file the required papers, the landlord can apply for default, which means the Court will not allow that defaulted party to participate, unless the Court sets aside the default, which is common.

After the

Pleadings⁠

are established, the landlord can apply for trial, and should be assigned a mandatory settlement conference and trial call date & time to occur within about a month. Mandatory settlement conference is a procedure in which a Court-appointed person attempts to get the tenant and the landlord to settle - either the tenant loses possession, but agrees to move out in the future and that the landlord waives rent, or the landlord agrees to allow the tenant to continue to live at the property.

If the case is not settled, it proceeds to trial, but, the Court can and does make the parties come back several times before the actual trial proceeds.

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