Eviction Process and Steps for California Unlawful Detainers

 

Unlawful detainer (eviction) cases in California are given priority in the court system. They generally move fast (in relation to most other types of court cases). It is imperative that the case is handled correctly from the beginning, and that the proper eviction process is followed, step-by-step.

Here is a brief outline and overview of the California eviction process. Please note that this is not a “one-size fits all” outline. Some eviction cases are handled differently per law. This outline of the eviction process applies to most types of eviction cases.

  1. Notice of termination created and served on tenant
  2. Wait the required number of days
  3. Determine whether the tenant has fixed the violations, if applicable
  4. File and serve the unlawful detainer eviction case on the tenant
  5. Serve a “prejudgment claim of right to possession”
  6. Wait the required number of days
  7. File a request for default judgment (if the tenant did not file a response), or file a request for trial or other motion (if the tenant responded)
  8. Prepare for the trial
  9. Assuming you win the trial, create and file a writ of possession
  10. Submit the original writ of possession with the sheriff to perform the actual eviction

As you can see, there are many steps involved, and they can be quite detailed and full of “traps” for the unknowing landlord.

The Law Office of David Piotrowski represents landlords throughout southern California and can assist with a tenant eviction.

Read Attorney Piotrowski’s “Landlord Best Practices and Eviction Overview” book.

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