In California the Eviction process is very statutory and precise. What many landlords don’t realize is that most of the California Eviction Laws are there to protect the tenant, not the landlord, and that it is a minefield of laws and statutes to navigate and any one misstep can cost you the loss of your entire case. Your 3-day eviction notices must contain specific language depending on the specific notice. Your notice must be served in specific manners pursuant to code, generally CCP 1162 defines how eviction notices must be served. Once you file an Eviction case you must use State wide and Local County and court judicial council forms. Each court is likely to have their own forms and local court rules. The tenants must then be served with the lawsuit via codified methods and given adequate time to respond pursuant to the method of service, generally this the tenant has 5 days to respond to an Eviction Summon Unlawful Detainer Complaint. The tenants can then file various responses each pursuant to a different California Eviction Law. Pursuant to various California Laws, the tenants have specific defenses to specific notices and evictions. To a landlord it seems like an eviction should be a cut and dry matter, the tenant didn’t pay rent and therefore the landlord should be able to get possession of their property quickly. In reality there are minute caveats in Unlawful Detainers that simply are not known to non-professionals, so it is important to hire an expert to help you navigate the law. Likewise, these small caveats are not known by most non-Eviction Specializing Attorneys. It is highly advisable that all Landlords that they retain attorneys who specialize in evictions to handle their cases or they may end up with a bad verdict.
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