The eviction process can lead to an unlawful detainer lawsuit in California, which is a professional, fast and thorough eviction in court if the tenant fails to move out upon notice. The notice is written to the lessee to comply with the lease agreement, for example, to pay back rent. Failure to comply can result in the landlord filing a lawsuit.
Before an eviction can take place
The California eviction process requires the following:
- The landlord should be familiar with the laws.
- The landlord must give proper notice to the tenant to move out.
- An eviction lawsuit can happen only when the tenant refuses to evacuate the premises.
- The landlord must file an Unlawful Detainer Lawsuit in Superior Court, where the landlord is referred to as the Plaintiff and the tenant, the Defendant.
- After the filing comes the hearing, where the tenant receives notice from the court and a court date is scheduled to hear from both parties.
The eviction can only happen after this process has been duly followed.
Unlawful Detainer Lawsuit
This is a summary court procedure where the landlord files a legal action to evict a tenant. The tenant is often given about five days to file a written response to the lawsuit, and then the case is heard by the judge and a decision is made within 20 days. This process allows the landlord to use the court statutory process to evict the tenant, as they cannot be forcibly removed from the property. That would be an illegal action and can be used against the landlord should the tenant file a legal action. If the landlord loses, it is possible that the landlord is subject to take full responsibility for the tenant’s damages and could also be financially responsible for it. Visit https://expressevictions.com/eviction-process/ for more information.
The Unlawful Detainer Lawsuit permits both the tenant and the landlord to present evidence to argue the case. Either party could win based on evidence and how credible they are to the court. It could be in favor of either party.
What Happens When Either Party Wins the Case?
If the tenant wins, there will no longer be an eviction, and the landlord may be charged court dues and attorney fees for the tenant. On the other hand, if the landlord wins the case, the court will write a Writ of Possession. This orders the eviction of the tenant within 5 days from the date the writ was issued. Otherwise, the tenant will be locked out. The court may also pay for damages, court costs and attorney fees for the landlord and fill in for unpaid rent if that was the reason for the eviction.
After Getting the Unlawful Detainer Lawsuit
The Unlawful Detainer Lawsuit could lead to either an uncontested case or a contested case, which determines if there would be a court appearance. If the tenant refuses to file a response to the lawsuit, they get a legal give-day notice from the sheriff, after which they are locked out.
However, the tenant could also file a response, which often happens when the tenant also has a case to present and defend themselves. They sometimes win the case, unless they have little or no concrete evidence to back up their claims. Once an answer is filed, the landlord must request a trial, after which the case is taken to court.
When is Express Eviction Needed?
Eviction is expensive and time-consuming and should be avoided when possible. However, it is required when it seems to be the only way out to save either the landlord or the tenant.
There are different reasons why an eviction will come into play. Some of the common reasons include:
- Late rent
- Lease violation
- Illegal use of the property
- Property damage
- Lease expiration
The landlord’s reason to evict must be legal, and the tenant must be given proper notice.
The eviction process only comes in when the tenant voluntarily refuses to leave the property after a notice has been served.
Conclusion
To get the best out of express eviction, it is always best to have your legit and concrete evidence in place. Keep track of everything, from the lease agreement to the necessary files and paperwork. All these will help you present a strong case to the court hearing.
