As an investment property owner coming into an eviction situation it is probably the last thing you want to happen. This means lost income and time on your investment trying to sort out the situation. The trick is to select the best tenant you can up front but since you are already here and looking at doing an potential eviction as your only option left, let’s get into the nitty gritty of it. Please consult an eviction lawyer for legal advice.
Step 1: Give Notice
The first step in an eviction is to serve a notice to the tenant. The notice has to be served in person, posted in a conspicuous place like the front door, or mailed. For notices with timelines like the 3 days to perform or quit notice, Saturdays, Sundays, and court holidays are not counted and the first day is the day the notice is posted.
Step 2: Fill Out Forms
Once the tenant has run out of time as stated in the notice posted, the next step is to fill out the forms for an unlawful detainer case. In California the three court forms to fill out are the following:
Summons – Unlawful Detainer-Eviction (Form SUM-130);
Complaint – Unlawful Detainer (Form UD-100 | video instructions); and
Civil Case Cover Sheet (Form CM-010).
Please check with your local court to make sure you have filled out the necessary local papers as well.
Step 3: File In Court
Make 2 copies of the Summons and Complaint and take them with the originals to the courthouse in the county where the property is located. Turn in both the originals and the copies to the court clerk and pay a filing fee. The clerk will stamp your forms “Filed” and give back 2 file-stamped copies of all the forms. One copy of each is for you. The other is for the tenant. Make extra copies for the other tenants if there is more than one tenant. Copies of the file-stamped copy for this purpose is ok. The court will keep the original.
Step 4: Serve Tenant
The next step to evict the tenant is to serve the unlawful detainer papers to the offending tenants. A process server will usually take care of that process. Collect the completed and signed Proof of Service of Summons (Form POS-010) to conclude this step. We also made another blog post with more details about the serving and possible responses of the tenant. Click to read more details(link).
Step 5: Tenant Responds
Once the tenant is served the Summons and Complaint, they will have time to respond. If the tenant does not respond during this timeframe, you may be able to evict without the tenant having a say. If the tenant responds and you would like the care to move forward, you must file a Request to Set Case for Trial-Unlawful Detainer (Form UD-150) at the clerk’s office. You will have to serve the tenant by mail with a copy of the Request and make sure the server fills out the Proof of Service on the back of the Request.
Step 6: Trial
After filling out the Request to Set Case for Trial – Unlawful Detainer (Form UD-150) form, the court clerk will mail you and the tenant in about a week with the exact date, time and location of the trial. To prepare for the trial, gather all the information related to your case. If possible take your original documents, plus 3 copies of everything you’re taking to court. You are also allowed to bring witnesses who have personal knowledge of the facts. During the trial, a judge or a commissioner will hear the case. There may be a jury if either side asked for one and posted the jury fees. Once your case is called, the court will usually have the plaintiff speak first then the tenant will then have a chance to explain his or her side. The judge may ask both sides questions at any time and review any evidence that they present.
We have a separate blog post going into further detail about the trial and what happens if you win, or lose, click here to read the post(link).
Step 7: After Judgement
With the decision made at the trial and a court judgment. Either side can appeal if they are not happy with any part of the judge’s order or file a motion to set aside (cancel) the judge’s order. To do this there are strict deadlines and the side appealing needs a legally valid reason to do it. Talk to a lawyer If you are thinking of appealing for filing a motion to set aside the judge’s order.
If a tenant loses the case and appeals or tries to cancel the judge’s order, the eviction is not stopped. The only way for a tenant to stop or delay the eviction is to ask for a stay of execution. This also applies if the tenant would like more time to move out and the landlord does not agree. If the stay is granted, it will delay the eviction. Some courts almost never grant stays, so it is not something the parties should count on. If the judge grants the stay to the tenant, the tenant will have to pay the rent for that period of time. The amount of time the tenant can stay is decided by the judge.
