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The Eviction Process

This article is for those who need more detailed details about the eviction process. Prior to a renter can be evicted, there are numerous steps in the eviction procedure that a proprietor must follow. The very first action is the property manager must offer the occupant a notice. The notice can be for a range of reasons, however the most typical kinds of eviction notification are: non-payment of rent or a "notice to pay rent or stop"; thirty or sixty-day notice to end tenancy; breach of lease or "notice to treat covenant or quit," or "notice to perform covenant or give up."



Notifications

A notification to pay rent or quit is generally a three-day notification. This is the minimum amount of time the law says that a notice for non-payment of rent can be. As long as the notice to pay lease is 3 or more days, and the renter doesn't move or pay out within three days, then it is legally adequate for the proprietor to move on with the eviction process.



When a notification to terminate tenancy is served, occupants often consider it as an eviction. However, it is not. A thirty or sixty-day notice ending tenancy is essentially simply saying that the property manager wants to part ways. Similar to an occupant who must provide a thirty-day notice prior to vacating a rental, a notice to end tenancy is approximately the same thing. In California, a property owner may serve a notice terminating occupancy, but in some cities, it is actually prohibited. In the City of Los Angeles, the property owner can stagnate forward with the eviction procedure if the rental system is safeguarded under the lease control ordinance. A notice terminating tenancy is illegal. Lots of tenants who live in areas not safeguarded like this (most of California) are captured off guard when a landlord provides them this type of notification.

A notice that suggests the offense of a lease provision is called a "notification to treat" or "notice to perform." These notifications are likewise required to be a minimum of 3 days, enabling the occupant repair or complete part of their lease agreement. If the renter is unable to comply, then the proprietor might move forward with the eviction process.



Eviction Court Process

After offering a renter the suitable notice, the proprietor's next action in the eviction process is the filing of an eviction suit. In California, eviction suits are called "illegal detainer." Sounds like something criminal, but it's not. There are no criminal consequences from an illegal detainer case. It is merely the way the kind of case is called. Illegal detainer cases are "summary" procedures. This means that these cases move quickly through the court process. Tenants have just five days to submit a written action when the suit is at first served on them. The case is then set for trial within 21 days, per the law. For that reason, these cases can be heard by a judge a trial and decided within a month. If a tenant does not file any type of response on time, then a "default" can be submitted versus them on the 6th day after being served, and then it's a matter of days before the constable pertains to evict them. We will talk more about that later on in this article. https://www.endeviction.com/3-day-notice-to-pay-rent-or-quit.html When the case is over, then there is a "judgment" made by the judge. If the proprietor wins the case, then the judgment will enable the proprietor to move forward with the next part of the eviction process.



Judgment

If the landlord gets a judgment in his favor, then the court will buy exactly what is called a "writ of ownership." This is a court order that tells the constable he has consent from the court to continue with eliminating the tenant, or "lock-out." Lots of unknowing occupants believe that a proprietor can simply lock them out. Some proprietors even lie and state they can. But the reality is that only the sheriff can lawfully lock or remove out a tenant. Any other way is unlawful.



Sheriff Lock Out or Removal

As soon as the writ of belongings is issued by the court, the constable proceeds with next part of the eviction process ... locking out or getting rid of the tenant. The sheriff comes to the home and posts a five-day notice. The five-day notice informs the occupant and all residents they have five days to leave the property. The constable comes back on the sixth day and physically gets rid of everybody if the tenants do not leave the home within those 5 days.



To sum it up, the eviction process can be as short as a couple weeks, but on average about a month. The eviction process starts with a composed notice from the property manager. Then, if the tenant does not comply, the proprietor should file an unlawful detainer eviction suit. After the claim is submitted and served on the tenant, there is court procedures or trial. The property manager should prevail at trial to be given a writ of belongings court order by the court. The writ of belongings then must be given to the sheriff to begin the last action in eviction. Just the constable can lockout or get rid of the occupant.