Law

Some Aspects of Eviction Law in California

In a total area of about 423,970 square kilometres of California, there are about 40 million residents. With that number, it is the most populous state of the USA. There are more tenants than homeowners. Unfortunately, for many reasons, eviction is a common thing in California. But a landlord has to go through some legal procedures before the court will evict your tenant for you. There are California eviction forms that landlords can download in order to start the process of removing the tenant from the rental property.

Notice

Every tenant agrees to a lease contract or a rental agreement before renting. If the tenant breaks any of the terms in the contract, then the landlord can evict him. The cause can be late payment of rent, property damage, tenant disturbance, etc.

A landlord can’t remove his tenant forcefully just because he broke the contract. At first, he needs to give an eviction notice to the tenant. The notice time can vary for many different reasons. It can be for three days, 30 days, 60 days or even 90 days. If the tenant doesn’t reply or doesn’t correct himself after the notice date, then he will be called to court for an unlawful detainer. If the landlord doesn’t send any proper eviction notice beforehand, then the tenant can use this failure to defend himself and report it to the court.

Summons

When the unlawful detainer case is submitted to the court, the court will summon both the landlord and the tenant to a hearing. It is very important to know the time of court hearing, and if the tenant hires an experienced eviction lawyer, then he shouldn’t have to worry about that. If any of them does not come, then the court will decide in favor of the one who shows up, and it will be a default judgment.

Judgment

After checking all the documents that are submitted, the court will make a judgment based on those documents. So, stay clear about the lease contract and keep a document of the rent that you pay every month. You may also keep a record of any other utility expenses that you paid. If the submitted documents are not enough to prove the tenant is an unlawful detainer, then the court will give the landlord some time to provide the files that are needed.

Writ of Execution

If the court finds the tenant guilty of breaching the lease contract, then the court will give a writ of execution of about 24 hours. The tenant needs to move out within that time or a local law enforcement officer will evict the tenant. If any landlord tries to force the tenant beforehand, then the court can take action on behalf of the tenant.

Request for Claim

If the tenant had due rents for some months, but he left before paying, then the landlord can file a small claim for the past due rent. If the tenant had breached the lease contract, then the landlord can request an application of the right to possession of the property.

Required Form

There are some forms needed to proceed with the court procedures.

Name of the Forms                                                                            Number of the Forms

  • Summons — Unlawful Detainer — Eviction SUM-130
  • Civil Case Cover Sheet CM-010
  • Complaint — Unlawful Detainer UD-100
  • Answer — Unlawful Detainer UD-105
  • Request for Entry of Default CIV-100
  • Proof of Service of Summons POS-010
  • Declaration for Default Judgment by Court

(Unlawful Detainer — Code Civ. Proc., § 585(d))                                         UD-116

  • Judgment — Unlawful Detainer Attachment UD-110S
  • Judgment — Unlawful Detainer UD-110
  • Request/Counter-Request to Set Case for Trial — Unlawful Detainer UD-150
  • Stipulation for Entry of Judgment (Unlawful Detainer) UD-115
  • Prejudgment Claim of Right to Possession 5
  • Writ of Execution EJ-130
  • Attachment to Judicial Council Form MC-025
  • Request for Dismissal CIV-110

These forms are needed in every point of the court process. The court won’t uphold your complaint unless you give them the required documents. Always choose your eviction lawyer wisely. If you submit any of the forms wrongly because of an inexperienced lawyer then it will be a problematic situation for you. You can lose the case and you may also have to pay fines. So, hire an experienced eviction lawyer to maintain the court laws. Better safe than sorry.

Show More

Leave a Reply

Your email address will not be published. Required fields are marked *

Back to top button
Close