You will need to first identify what assets a tenant may have in order to try and collect a money judgment. If you know where the tenant works, you can garnish the tenant's wages from their employer. If you know where the tenant has a bank account, you may also be able to obtain a [...]
A tenant can delay a scheduled lock-out by requesting the court to temporarily delay the process. This is called a "stay of execution" and is often used by clever tenants to further delay the process. The tenant must file the stay as soon as they receive the Sheriff's notice giving the 5 days to leave [...]
The Writ of Execution gives the landlord the right to retake possession of the property. Once the court has issued a Writ of Take, this document should be taken to the local Sheriff’s office. The Sheriff will need to serve the Writ on the tenant and provide the tenant with notice to move out within [...]
If the tenant does not file an Answer to the complaint or other type of written response with the court, the landlord can ask the court to enter a default judgment. When requesting a default judgment in an unlawful detainer/eviction case, the landlord must serve the tenant with a copy of the Request for Default. [...]
A California landlord can file an unlawful detainer complaint by completing and filing various required forms with the county Superior Court where the property is located. These forms include a Summons, Complaint, and Civil Case Cover sheet. The court keeps the original documents and will provide the landlord with a copy to serve on the [...]
If the tenant files an answer with the court, the landlord must then request the court schedule a trial. This is done by filing a Request/Counter Request to Set Case for Trial -Unlawful Detainer with the Superior Court Clerk. Once received, a trial is usually set within 21 days of the request.
Landlords are required to provide a tenants with formal legal notice to vacate premises before they can file an unlawful detainer action case. The tenant must receive written notice of the reason they are being evicted. The reason can be for non-payment of rent, noise, illegal activity or simply because the landlord want to terminate [...]