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LawTalk, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37675
Experience:  I have handled Real Estate and Landlord Tenant matters for more than two decades.
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Procdure of tenant

Customer Question

Procdure for eviction of tenant
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Below are links to the forms you will use in the CA court to evict the tenant. If there are any other persons there who are not tenants under your agreement, you must serve him with a separate document if you do not identify and name them in the Unlawful Detainer Complaint.

Under the law, if the reason for eviction is the failure to pay rent, or a violation of the rules, you may file the eviction after the Three Day Cure or Quit Notice is served on them.

If they are month to month tenants and you just want them out, and they have been there less than 1 year, you must first serve/hand or post at their door a written 30 day Notice of Termination of Tenancy. If they have resided there more than a year, the notice must be a60 day notice. The process, after you file the Unlawful Detainer Complaint in the court, from start to finish takes onaverage3 to 4 weeks and I’m sorry, but there is no way to expedite it beyond that time frame.

If rent is paid on the first, you can serve the notice at anytime, but it won't be effective (the end of the 30 days) until the end of month following the day you first serve them with the Notice of Termination. Here is a link to the 30 day notice of termination form that you must first serve on them. Convert the 30 day to a 60 day notice if the tenant has been in the rental more than 12 months.

Here are the forms you will need---the Summons and Complaint for Unlawful Detainer, the Default form if they don't file an Answer to the Complaint, and a Judgment form:

Unlawful Detainer Form

Request for Entry of Default

Judgment Form

Default Declaration

Do it Yourself Guide for Evictions

Document to serve on other non-tenant persons staying in the home, if you don’t identify and name them in the Unlawful Detainer Complaint

Three Day Pay or Quit Notice

Three Day Notice to Quit for serious violations:

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I wish you and yours the best in 2016,