How Long Does it Take to Evict a Tenant in California
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- เผยแพร่เมื่อ 25 ก.ค. 2024
- Do you know how long it takes to evict a tenant in California? You can see the original blog post by clicking here!
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Hi, welcome to another tips for landlords and property managers video brought to you by fast evict.com law group! On today’s episode, we will talk about how long it takes to evict a tenant in California, the tactics tenants deploy to purposefully delay the eviction process and give you additional tips to avoid lengthy and costly delays on your end.
The first thing to consider when trying to figure out how long it typically takes to evict a tenant in California is that there really is a lot of different factors that weigh in on the overall process. Some factors include what kind of notice was served to the tenant? Was the notice properly served? Where in California is this property located? How long has the tenant lived at the property? Is the property under a rent control ordinance? Does the tenant know how to delay your case?
If you’d like a more accurate estimate of how long your case could take, please contact us and we’ll gladly assist you.
With that said, it takes an average of 45 days to evict a tenant in California for an uncontested eviction if everything is done correctly. An uncontested eviction means the tenant does not show up to court to fight the eviction. On average, a contested eviction in California can take anywhere up to 75 days.
An eviction case begins once the initial notice has expired. If it is a 3 day notice to pay rent or quit, you can start the process on the fourth day by filing an unlawful detainer in a court of law. So depending on what kind of notice was served, you can then start your eviction. Pay special attention to detail in the serving of the notice since this is one of the main reasons why cases get thrown out in court. Make sure you prepare the correct notice and you serve it correctly.
So once the unlawful detainer is filed in court, the defendants must then be served a copy of the lawsuit. There are 3 ways you can serve a tenant, which are personal service, substitute service or posting service. The last two can only be done after 3 failed personal service attempts and you must obtain a posting order from the court.
The tenant will then have 5 business days to file a response to the lawsuit if it was personally served or 15 business days if it was sub served or a posting order was obtained.
If the tenant decides to fight the case, then a trial date must be requested and depending on the congestion of each court, the clerk schedules it between 10 and 20 days of the date of request.
Other time factors to consider is the discovery process, which is a time period where the landlord’s attorney requests the defendants to produce documents or answer questions to determine if the defendant has factual support for their defense.
If the defendant does not file a response, then a request for entry of default or default judgment could be filed and the clerk will process that as soon as the court’s work load allows.
Once you obtain your judgment either after trial or default, the judge signs it and it is processed by the clerk of the court.
The next step is to file for a writ of possession. The writ is what the county sheriff’s department needs to post on the rental property to inform the occupants of the date and time of lockout. This process takes at least 20 days from the date you receive the judgment.
Once the sheriff shows up and performs the lockout, the eviction process is now complete unless your tenant has left behind valuable property behind. If this is the case, please watch our video on “What to do if tenant leaves personal property behind”.
If only every case was as easy and smooth as the process we just went through. The truth is though; that a lot of tenants will do just about anything they can to delay the eviction process. Some of these tactics include:
• Filing demurrers, motions to strike and other pre-trial motions when they have no case.
• Tenants file bogus bankruptcy or file to remove the case to federal court.
• File for more time to respond to the unlawful detainer which could add 30 additional days.
As you can see, the question “How long does it take to evict a tenant in California” isn’t as easy to answer as we wish it were. The only thing we can assure you, though, is that having a highly trained and experienced eviction attorney such as Fast Evict.com Law Group on your side during this process can dramatically shorten the time it takes to evict a tenant.
Thanks for watching, please subscribe, share and let us know your thoughts in the comments below! My name is Cesar, I’ll see you on the next one.
Thank you so much for your time . wonderful video.
What happen with your case?
I’m going there the same situation
Thanks
At least 20 days before the sheriff will perform the lock out? What if the judgment only ordered tenants to stay 14 more days before lock out, how would that work out?
Do process servers use a tag 🏷 around their neck ? Carry a clipboard? I have a nfh who’s supposed to be evicted, but it’s taking forever. Pandemic or not . They had a visit today from a guy with a work badge and some papers . He stayed talking to the tenant a couple of minutes and left . Had a clipboard with papers which he gave the tenant. It wasn’t a quick thing. He stayed a couple of minutes
Can you get an eviction if the landlord is selling the place and I don't have any where to live
How do you prove the notice was served properly?
hi! sorry for the late reply. If it was personally or sub served, you can have the tenant sign a copy for you. If it was posted on the door, you can take a picture of it & mail a copy to yourself.
Thank you for very informative video. What is the total cost of the eviction? starting from 3 day notice to Sheriff assisted lockout?
hi Anne, thanks for watching! - currently, in California, a 3 day notice is no longer valid due to new COVID related legislation. You can get an idea of how much an eviction currently costs here -> www.fastevictionservice.com/list-of-fees/
@@FastEvict Wait where does it say 3 day notice isnt valid? I just served a 3 day notice for code 1161(4) for damaging property and illegally keeping chickens, to my tenants. What happens now?
@@herManOnTheMoon hi! 3 day notices are no longer valid under AB3088 & SB91 for any money request (nonpayment of rent, utilities, deposits, etc). 3 day notices are still valid in some circumstances. LA County, for example, you cannot serve any sort of notice for nonpayment of rent, or covenant. There are federal, state and local ordinances to consider for a "valid 3 day notice". You can call us to make sure your notice is legal, 1-800-686-8686.
My tenants have been in the property 5 years. They pay the rent ontime, but now I want to sell the property. The lease just expired and their paying mo to mo now. their good tenants, But they don't want to leave, nor let me show the house if I put it on the market. What can I do? Orange County.
Whatever it is it's worth it right
So I this is the first time I ever rented a room from anyone I had my own apt but this story of what I am going though right now I live in Los Angeles's CA. My Master Tennant my landlord lives on section I know for a fact that she shouldn't be renting a room put to anyone but I only found this all out after moving in I am fighting it because of her threatening me, demonstrating violate habits and she has a substance abuse problem. I spoke to a Police in person and I was told once I contest it which I am everyday. She wants me out by 30 days nope she only has it written down on paper I am going to fight it. Question how long can I legally live in my room "Rent free" I am looking for another place to live.
What kind of incentive does the people that pay the bills in the rent during the whole time that people were home collecting checks and watching TV and partying? What kind of incentive do we get?
We hear you! There should be stronger measures for tenants who are taking advantage of the moratoriums. Thanks for watching! Keep in mind, this video was published prior to COVID-19, which has significantly changed eviction time frames.
My first tenant in my first rental stopped paying rent. The eviction process took almost a year because of her delay tactics. Meanwhile she paid no rent and vandalized the property on her way out.
Evictions can be very frustrating and heavily favor the tenant. We're sorry to hear that you had to go through that!
Hallelujah hallelujah hallelujah hallelujah
Can you as a landlord lockout the tenant from entering there home if they refuse to pay the rent
A smart tenant could drag the process out for over a year using AB 1482. Most times it is cheaper to just offer them cash for keys.
Right know the tenants have more rights than the owners in California specially in los angeles ca los ángeles county.
75 days if they contest it?!?! Im in the process of evicting someone myself, what if I WON the case even if they contest it. Would it still take 75 days? I need this guy gone from my unit!
Hi!, every case is different..we would love to hear more about yours. You're welcome to give us a call 1-800-686-8686 for a free consultation!
My bf's sister was staying with us it was supposed to be temporary but it turned into like 8 mo (shes gone now).
Landlord asked him to put her on lease & turn in application for her but he didnt want her on the lease he was trying to get her out by that point. On CHRISTMAS EVE they gave us a 3 day to perform or quit. Christmas eve was on thursday, christmas was Friday. That MONDAY we turned in fees & application & i honestly wish we hadn't cuz sis was gone by then. Anyway we turned it in definitely within 3 days but they went forward with eviction anyway. Im not worried cuz im not on the lease lol does anyone have any idea wat chance he has? He is fighting it but hes got kids he needs a place.
Depends what state and county
@@alialrashidi1764 california? Thx for responding
hi Carolyn. Rental Agreements exist for a reason, maybe the landlord was worried that if the guest stayed longer than allowed, they would legally become a tenant. This means more liability for the landlord. There are many underlying reasons(mostly legal) why the landlord may have acted this way.
@@FastEvict hi I understand WHY they did it but what they did was not legal bc they served wrong paperwork he already went to court 😅 thanks for response!
What if you gave the notice and the tends to had no questions and it’s been nearly a month. Should we still serve a second notice ?
Right now in California it takes at least 6 months to evict a tenant. Norwalk court!
Does this also apply in Orange County? Like 6 months? Especially if the tenant answers to an unlawful detainer
Haha el video en español
You're clueless. It could take you as long as 5 years if the tenant has a free lawyer.
Judas much?