Evictions

HOW DO I EVICT A TENANT OR OCCUPANT?

5 STEPS (click to open & close each step or question)

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FREE 3 Day Notice!

Thumbnail 3 day pay or quit

“Free service of process of notice”
Just email request and signed notice to marslawbmw@gmail.com

Mandatory Service of Proper Notice

The tenant/occupant needs proper

notice and an opportunity  to cure the reason you want them out.

You do not have to give them an opportunity to cure if you

give them 30 days or a  60 day notice if the lease has expired.

Filing and Service of Court required papers

The court obtains authority to evict someone by service of a summons.

The tenant/occupant  gets notice of the reasons once again in the Complaint.  Both

Have to be properly served on the now Defendant.

File a default judgment request or request a Trial
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If the tenant or an occupant does not file an answer or other type of response they

Can be defaulted in 5 or 10 days after serviced, depending on how they were served the court papers.

If they file an Answer then a trial request must be filed with the Court.  The Court must set

The trial date within 20 days of filing this request.

Hold the trial or get default judgment

Once  Fast Eviction Lawyer wins the trial or gets a default judgment, a writ is filed and issued and

Delivered to the Sheriff.

Sheriff’s Lockout

Fast Eviction Lawyer hand carries the issued writ the same day  to the  Sheriff with instructions for lockout

Within 5-7 days the Sheriff posts a notice of date of lockout on the tenant’s door.    A similar notice is mailed to Fast Eviction Lawyer and provided to  the client Both the client  and Fast Eviction Lawyer will be notified by the Sheriff of the exact time the day before the lockout.   Fast Eviction Lawyer will confirm with client.

The landlord/client MUST have a licensed locksmith there with the landlord or their agent at the exact time provided by the Sheriff.   LOCKOUT OCCURS.   The combined fee for the writ and Sheriff lockout is $150 paid to the Court and the Sheriff.  The writ fee is advanced by Fast Eviction Lawyer to expedite lockout.
The landlord has a duty to store safely personal items worth more than $175  for up to 30 days.

WHY DO I EVICT A TENANT?

Breach of Rental Agreement-3 DAY NOTICES

Most landlords want a quick eviction when the Tenant has breached the lease.

The first step is identify how the tenant has breached the rental  agreement.

The most common eviction is based on failure to pay rent and requires a 3 Day Notice.

However, a 3 Day Notice can be served for other breaches of the covenants and conditions of the agreement.  Additionally, a 3 Day Notice can be served when they are causing a private or a public nuisance, which interferes with the usage of other tenants or in some cases even neighbors.  This can also include violent acts against co-tenants or homeowners living with this tenant .

At Will Eviction-30 or 60 DAY NOTICES

Similar to a job, a landlord can evict for no reason at all.  In this case a 30 day notice is required

If the occupant has lived there for less than one year.  If the occupant has lived for more than

1 year then a 60 day notice is required.

End of Lease Term Evictions

Tenants can be evicted at the end of the lease term.  However this does not remove the right

To serve the required 30 or 60 day notice described above, and often this requirement is

stated in the rental agreement itself.  Even if not, the proper notice should be served.

FIRST-NOTICE. WHAT IS REQUIRED?
The Landlord/owner must give proper notice by posting a Notice that tenant and occupants are going to be evicted if they do not cure the problem or moveout within a set number of days.  Usually 3 days (click here for sample 3 day notice), but can be more. If the tenant fails to moveout they are committing a tort and not just a breach of contract that is why it is called an unlawful detainer and not just a breach of contract.
WHAT TYPE OF NOTICE MUST BE SERVED?

3 Day Notice to Pay Rent or Quit

30 or 60 Day Notice to Quit
[list style=”check”]

Other 3 Day Notices

  • Nuisance Evictions
  • Drug Use Evictions
  • Violent Tenant Evictions
[/list]
WHAT IS AN UNLAWFUL DETAINER LAWSUIT?
An Eviction is where the Tenant has breached the rental agreement (usually failure to pay rent) and the owner or agent properly notices them and properly sues them and serves them important legal documents .
WHAT HAPPENS NEXT? -OPPORTUNITY TO BE HEARD
The landlord must file an unlawful detainer lawsuit. Then properly serve a summons and complaint which can include the rental agreement and the notice documents.
WHAT HAPPENS IF TENANT/OCCUPANT DOES NOT ANSWER?
Within 5-10 days after being served the lawsuit documents the Court will enter a default judgment.  Then within 10-12 days the Sheriff will lockout the Tenant and all occupants.
WHAT HAPPENS IF TENANT OR OCCUPANT FILES AN ANSWER?
The Plaintiff must request a trial and the Court  must set the trial within 20 days of this request .
HOW DO YOU EVICT OCCUPANTS NOT ON THE LEASE?
If  occupant that is not named in the lawsuit you still have to protect yourself by filing and serving  an additional form called a prejudgment claim of right to possession.  Any occupant has 10 days from date of service to file this with the Court. They  only  5 days to file an Answer after that or they will be automatically evicted when the tenants are evicted by the Sheriff.
WHEN TO CONTACT AN ATTORNEY?
You should contact an attorney when the Tenant has failed to make one month’s rent payment  or has otherwise breached the lease or failed to moveout at the end of the lease term.
WHY CONTACT AN ATTORNEY?
Evicting a person from their home requires strict  compliance with statutory requirements.   These include proper legal notice.  Proper method and type of service.  Proper perfecting of any default judgment.  Proper perfecting of title in post foreclosure evictions.  Proper presentation of the necessary elements of your case at trial.  Proper introduction of admissible  evidence at trial.
WHY HIRE FAST EVICTION LAWYER?
 By representing landlords, tenants, investors and former homeowners Fast Eviction Lawyer can more effectively  represent their clients from both sides of the table.  As a result,  we  know what the other side is thinking and doing  before they take action that harms our clients. [highlight bg=”#DDFF99″ color=”#000000″]This enables me to evict my client’s tenants faster.[/highlight] But this also enables my tenant and homeowner clients to stay longer or get paid more cash for keys.
WHY MUST YOUR CORPORATION OR LLC HIRE AN ATTORNEY IN COURT?
Anyone can represent himself in court, but only an attorney can represent someone else. You and your corporation have separate legal existences. You thus can represent yourself in court, but you cannot represent the company.  If you do you would be practicing law (representing someone else) without a license, which is a crime.  Call me now or call me later.
ESTIMATED TIMELINES FOR NON-PAYMENT OF RENT EVICTION CASES

TIME ESTIMATE

UNCONTESTED CASE: 30-49- DAYS

CONTESTED/TRIAL CASE: 45-60 days

ACTION STEPS  TO OBTAIN JUDGMENT and LOCKOUT 

STEP 1: SERVE FAST EVICTION LAWYER 3 DAY NOTICE (sample 3 Day Notice)……..FOUR business DAYS then Step 2.

STEP 2: File Summons and Complaint begin service efforts.

STEP 3:  Serve Summons and Complaint.

Methods of service will change time period to respond

5 DAYS:  Personal service-5 days to file a response/Answer (CCP Sects. 1167  & 415.10)

15 DAYS:  Serving other adult occupant “substituted service” adds 10 days (CCP 415.20).

20-25 DAYS: Posting on door with Court Order (CCP415.45)  response due 10 in days.

STEP 4:  Defendant’s Response DUE DATE or First day to file default judgment request

Note; Additional named defendants/unknown occupants  cannot be defaulted until the 10th day after service of  Summons, Complaint (and prejudgment claim of possession).

Only upon the end of this period of delay can we go on to Step 5.

STEP 5:  File request for Default Judgments and/or Request to Set Case for Trial.

Default Judgment returned:  5 Court days

Trial:  must be held within 20 days of filing Request for trial. (see time summary below)

STEP 6:  Obtain default judgment or obtain judgment after trial

STEP 7: Obtain writ of possession and send to Sheriff with lockout instructions

STEP 8: Sheriff’s LOCKOUT.

TIME FRAME SUMMARY: DEFAULT JUDGMENTS TRACK

4 DAYS: Serve eviction notice and file complaint

5 – 25 DAYS  time for Defendants to file an Answer or Response

5 DAYS for return of Default Judgment-then file Writ of Possession

5 DAYS for return of Writ of Possession

10-12 DAYS until Sheriff’s lockout

TRIAL/CONTESTED TRACK-  15 DAYS added

Trial must be set within 20 days of filing request for trial: 15 days average


Previous Radio spots

Intelligence Talk - 1170 AM KCBQ SAN DIEGOKCBQ San Diego    Daniel Marshall talks about recent news of a housekeeper that wast told to leave the house, and they couldn’t kick her out.  Also squatters living in your house when you have been away?  Getting them out can be more complicated then you think with out the right knowledge. Find out what they should have done differently and more.