EVICTION:

Eviction occurs when a tenant is dispossessed by operation of law. It must be stressed that eviction is a legal procedure in court. Landlord cannot resort the 搒elf-help?actions, seizing the property in lieu of rent, or threatening the tenants with bodily harm. If a landlord commits an illegal act, the tenant can sue the landlord.

THE EVICTION PROCESS:

1) Landlord serves the tenant with a three-day or 30 day notice, depending upon the circumstances.

2) If the tenant fails to abide by the notice, the landlord files an unlawful detainer action in court

3) If the landlord wins, the court awards the landlord a judgment. The landlord than asks for writ of possession authorizing the sheriff to evict the tenant.

4) The sheriff sends tenant an eviction notice; if tenant fails to leave, the sheriff than physically removes the tenant.

3-DAY vs. 30-DAY NOTICE:

A tenant is served a 3-day notice ( 3 Day Notice sample letter ) when the tenant has defaulted on rent or has violated other term of the rental agreement.

A 30-day notice ( 30 Days Notice to Quit sample letter ) is served when the tenant has not violated the rental agreement, but the landlord wants the tenant to leave. If the tenant has a fixed-term lease, a landlord cannot service notice unless the terms of the lease have been violated by the lessee. The exception is, serving notice to the lessee that the lease will not be renewed upon expiration.

SERVING NOTICE:

1) The notice must be personally delivered to the tenant(s)

2) If the tenant is absent, a copy should be left with someone of suitable age; than copy must be mailed to the tenants place of residence.

3) If no one is home, a copy may be affixed in a conspicuous place on the property; then a copy must be mailed to the tenants.

Slipping the notice under the door or putting it in the mailbox is not sufficient delivery. Also, it is a good idea to have the notice served by someone other than the landlord.

SUPERIOR COURT

Landlords bring unlawful detainer actions in superior court. In superior court these actions have a priority on the court抯 calendar, and an early hearing is usually granted. An attorney generally is needed for a superior court action, and this helps assure the landlord that legal procedures will be correctly followed.

SHERIFF EVICTS THE TENANT:

After a writ of possession has been granted the landlord, the sheriff sends the tenant an eviction notice. After app. 5 days, if the tenant has not left, the sheriff physically removes the tenant, but not the tenant抯 possessions. The tenant抯 possessions are impounded according to the lien laws.