hash-mark California Eviction Process Bottom LineĮvictions are never easy, but as long as you follow the proper protocols, you shouldn’t have too many issues. Whatever they ultimately rule, you must follow the judge’s orders and either have the tenant evicted by the proper authorities or allow them to stay in the apartment under the required conditions. However, other situations may be less cut and dry, and the judge may attempt to help you find common ground rather than moving forward with an eviction. If the eviction is over unpaid rent and you are able to clearly demonstrate they have not paid in several months, then the judge will likely rule in your favor. After hearing both sides of the story and reviewing the evidence, the judge will decide whether the tenant should be evicted or allowed to stay in the apartment. The judge will listen to your testimony, then give the tenant a chance to respond. You may even bring in any witnesses if you think it will help. Providing evidence such as photos, emails, text messages, and important documents like the lease agreement will go a long way toward proving your case. You may even find it helpful to write out your testimony ahead of time so you don’t leave out anything important. Even if you think the case is fairly black and white, it’s still important to be prepared, so you aren’t surprised, so gather and organize all the important facts related to the case. Before the day arrives, preparing and gathering as much evidence as possible is crucial. If the tenant does issue their response, you’ll be given an official trial date where you can make your case. If the tenant does not respond within five days, you can ask the judge for a default judgment, which means the court automatically rules in your favor, and the tenant will be ordered to move out immediately. If the tenant responds, you can ask the judge to give you a court date to present your evidence and seek a ruling. They then have five business days to file their response to the court. Once you submit the paperwork, the tenant will be served with the summons and complaint forms. Ask the Judge for a Trial Date or Default Judgement You should also check to see if there are any local forms you need to fill out and make a copy for your own records. You will also attach a copy of the lease agreement, proof of the written notice, and any other evidence you think might help your case. To file for eviction in California, you must fill out four forms, a summons, a complaint, the plaintiff’s mandatory cover sheet and supplemental allegations, and a civil case cover sheet. Once you’ve given the tenant proper notice and they still have not moved out, the next step is to officially start the eviction process in court. However, you must also provide written notice to prove to the judge you gave them a prior warning. You can also tell them verbally if you wish. Once you’ve confirmed that the tenant committed an offense worthy of eviction, the next step is to provide them with a written notice asking them to leave and letting them know you are starting a court case. Otherwise, you may have trouble convincing a judge to rule in your favor. However, it must be stated in the lease that they are not permitted to engage in that type of behavior, even if it’s disruptive. However, you can also evict a tenant if they clearly violate the lease terms, such as doing excessive damage to the apartment, keeping pets in a no-pets building, or having loud parties late into the night. The most common reason to evict someone is failure to pay rent. ![]() So, research and gather proof that the tenant has committed an offense worthy of eviction. You don’t want to go through the entire legal process only to have a judge rule in favor of the tenant.
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