Unlawful Detainers

Have you been served with an Unlawful Detainer?
Are you a landlord trying to evict your tenant?
If so, we can help.


The following is a timeline of the steps involved in the eviction process:

STEP 1: THE TERMINATION NOTICE
First : A termination notice must be served. The most common notices are the " Three Day Pay or Quit" and the "Thirty Day Termination of Tenancy". Any mistake can invalidate the notice and force the process to start over again.

Generally, the day of the service of the notice is not counted and the period of the notice (i.e. 3 days, 7 days, 30 days, etc.) is then counted to determine when the notice period has expired. If the law requires that the notice also be mailed to the tenant, you must add 5 days to the notice period to allow for mailing.

STEP 2: "THE UNLAWFUL DETAINER" LAWSUIT
If the tenant does not voluntarily vacate after the service and expiration of the notice, the Landlord must prepare an "Unlawful Detainer" lawsuit. This lawsuit must be filed with the court, served on the tenant and prosecuted to a judgment.

A Complaint is prepared and filed with the Court. A copy of the Complaint must then be served on the tenants. Once served, the tenants have five days to file Answer in court.

STEP 3: ANSWER OR DEFAULT
After service of the Complaint, the tenants have five days to file an Answer in court. If they answer, the matter is "contested" and a trial must be set. If they do not file and serve an Answer, a default may be entered against the tenant and judgment may be obtained either by way of a short uncontested trial or by way of a declaration.

STEP 4: TRIAL OR DECLARATION FOR DEFUALT JUDGEMENT
In order to obtain a Judgment, it will be necessary for the landlord to present the facts of the case to the Court. This must be done whether or not the tenants put up a defense. At minimum, the landlord will have to establish that there was a written or oral landlord/tenant relationship, that the relationship has been properly terminated with a properly served notice, and that the landlord is entitled to possession of the property and (in most cases) rent damages.


I was served with an Unlawful Detainer and wasn’t sure where to turn. My mom suggested I call the Legal Assistance Center, since they had helped her with her divorce.

I had contacted my landlord and offered to pay, but he would not accept my check due to discrimination and I didn’t understand why. Ellie helped me file an Answer and I had an opportunity to speak with the judge.

Bobby, Lake Forest, CA

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