Understanding the Eviction Process in the Los Angeles Area

eviction processIt’s important to understand the eviction process in the state of California if you intend to evict your tenants in the Los Angeles area. To begin the eviction process, you must provide your tenants with a series of notices including a 3-Day Notice To Pay Rent or Quit and/or a 30-Day or 60-Day Notice To Vacate.

Los Angeles County is a rent controlled area and therefore it must be known that your 3-Day Notice To Pay Rent may need to be preceded by a Certificate of Registration and a Rent Stabilization Ordinance notice in order to be considered valid.

As a landlord, you are able to file an eviction lawsuit in the form of a Summons and Complaint against your tenant if the tenant does not pay the claimed amount of rent by the end of the 3-Day Notice. However, let it be known a mistake must not be made on the Summons and Complaint by any means. Even the smallest of typographical errors can nullify an eviction notice and cause the landlord to lose the eviction process and case altogether.

When the eviction lawsuit has been filed successfully, the tenant must then be served by the landlord with the Summons and Complaint. After the tenant has been served, a Proof of Service of Summons must be filed by the landlord after which the tenant has five days to answer if personally served and 15 days if they were subserved.

In the event that the tenant has successfully answered the complaint within the established amount of days provided, a Request for a Default may be filed by the landlord. After the default has been filed (two of which must be filed, one on the tenant and the other on others in possession), the landlord must submit a Request For A Clerk’s Judgment followed by a Writ of Attachment.

Over the course of the eviction process, be sure to keep in mind which contracts must be in writing and which can be in print. In the state of California, the Statute of Frauds requires three specific contracts to be in writing: contracts for the sale of real estate leases for more than a year, and any commission agreements between real estate licensees and principals.

Another thing to bear in mind is how the eviction process may differ in the act of foreclosure. Therefore, to ensure you as the landlord are proceeding with the eviction process of your Los Angeles tenants correctly and efficiently, you may consider hiring a California real estate lawyer. A real estate lawyer will be able to catch any typographical errors during the eviction process which may otherwise nullify your eviction and therefore lose your case. Additionally, a real estate lawyer will be able to determine if your tenants’ residence is in a rent controlled area and thus may require ulterior paperwork.

During the eviction process, be sure to keep your tenants informed with the correct notices and to steer clear of any behavior which may otherwise be interpreted as harassment. Any mistake on your behalf may very well result in the loss of your case.