The Eviction Process

Choosing the Right Notice

Different situations require different notices. Here are the most common types:

• 3-Day Pay or Quit Notice: Used when tenant is behind on rent
• 3-Day Notice to Perform Covenant or Quit: For lease violations other than rent
• 30-Day Notice to Quit: For month-to-month tenancies less than one year
• 60-Day Notice to Quit: For month-to-month tenancies over one year

Notice Service

Proper service is crucial for a valid eviction. We use these legally approved methods:

• Personal Service
• Substitute Service
• Posting and Mailing

Court Filing Process

If the tenant doesn't comply with the notice, we proceed with:

• Preparing the Unlawful Detainer (UD) complaint
• Filing with the appropriate court
• Obtaining the court summons
• Serving the UD complaint and summons on the tenant

Tenant Response Period

After service, tenants have:

• 10 days (excluding Saturdays, Sundays, and court holidays) after service
• In California, if an Unlawful Detainer action is served via substituted service, the tenant has 20 days to respond, starting from the date the server mails a copy of the Summons and Complaint
• Options to file an answer or demurrer

Default Process

If the tenant doesn't respond:

• We request a default judgment
• Typically obtained as fast as the courts responds
• Moves directly to writ of possession

Contested Cases

If the tenant responds:

• Trial typically set within 21 days
• We prepare for trial and contact client
• Present evidence of right to possession

Sheriff Lockout

Final steps to regain possession:

• Obtain writ of possession
• Schedule lockout with Sheriff
• Coordinate property restoration (additional fees apply)
• Change locks and secure property (additional fees apply)

Property Restoration (additional fees apply)

After regaining possession:

• Document property condition
• Handle abandoned tenant belongings legally
• Coordinate cleaning

Typical Timeline

• Uncontested Cases: 30-45 days from start to finish
• Contested Cases: 45-75 days, depending on court scheduling
• Complex Cases: May take longer based on specific circumstances