Are you facing the harsh reality of eviction? Whether you are a landlord who has a tenant who will not pay or a tenant who has been served a 3 day notice to vacate, you need to understand the process ahead of you to avoid costly mistakes. Nissan Thomas helps clients throughout Southern California navigate the complex eviction process.
The Los Angeles Eviction Process
Both tenants and landlords in Los Angeles should understand the proper eviction process. If the process is not followed properly, the tenant may be able to remain in the property for some time without paying rent, or tenants may be subject to potential eviction in less than 15 days. The following provides a brief description of the eviction process in most cities and unincorporated towns across California.
The eviction process commences with the tenant being served a 3 day notice to pay rent or vacate. If the tenant does not pay (cure) the claimed default or vacate the property, the landlord can then file an unlawful detainer (eviction complaint). This requires the landlord to file and serve a Summons and Complaint on the tenant. After the landlord serves the tenant this document and the person serving files the Proof of Service of Summons, the tenant must answer within 5 days, or 15 days if the notice was sub-served.
If the tenant answers, the eviction can go to trial before judge or jury. If the tenant does not answer, the landlord submits a Request for Default and a Request for a Clerk’s Judgment. Finally, if the tenant fails to pay and the landlord wishes to follow through with the eviction, the landlord files a Writ of Attachment and Sheriff’s Instructions, which allows the sheriff to remove (evict) the tenant. The tenants eviction will be reported to credit agencies, which will undoubtedly hinder the tenants ability to find a new place to live.
A Complex Process Requires Proper Legal Help
The eviction process in Los Angeles is not simple. One mistake on any of these forms and processes can lead to the overturning of the entire eviction process. For tenants, failing to properly respond in this process can mean the loss of the home.
Attorney Nissan Thomas represents landlords and tenants across all counties in Southern California. If you have a non-paying tenant, Nissan Thomas will help you understand how to start the unlawful detainer process. If you are tenant who has been served a three day notice to pay or quit, moving quickly is essential, so call immediately for a consultation. Most consultations are available free of charge for pending legal matters, so call today to schedule yours, and get ahead of the eviction process before it gets the best of you.