Evictions

HOW DO I EVICT A TENANT OR OCCUPANT?

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

INTAKE SHEET INTAKE
SHEET

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
Filing and Service of Court required papers
File a default judgment request or request a Trial
Hold the trial or get default judgment
Sheriff’s Lockout
WHY DO I EVICT A TENANT?
FIRST-NOTICE. WHAT IS REQUIRED?
WHAT TYPE OF NOTICE MUST BE SERVED?
WHAT IS AN UNLAWFUL DETAINER LAWSUIT?
WHAT HAPPENS NEXT? -OPPORTUNITY TO BE HEARD
WHAT HAPPENS IF TENANT/OCCUPANT DOES NOT ANSWER?
WHAT HAPPENS IF TENANT OR OCCUPANT FILES AN ANSWER?
HOW DO YOU EVICT OCCUPANTS NOT ON THE LEASE?
WHEN TO CONTACT AN ATTORNEY?
WHY CONTACT AN ATTORNEY?
WHY HIRE FAST EVICTION LAWYER?
WHY MUST YOUR CORPORATION OR LLC HIRE AN ATTORNEY IN COURT?
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.