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An Overview Of California Eviction Forms

By Rebecca Glessner : A how to tutorial about California eviction, Eviction Process California, California Eviction Forms, Legal with step by step guide from Rebecca Glessner.

Unless you have a court order, you cant deprive your tenant of access to his unit or to any facilities needed to run his unit, like water and electricity. If your tenant has stayed way past the deadline of his eviction notice, you have to follow the legal process and not resort to force. The process of eviction requires you to fill out different California eviction forms, starting with a 3, 30 or 60-day notice. If your tenant does not attend to the eviction notice you served him, its time for you to serve him with a summons and complaint regarding an unlawful detainer lawsuit.

You can download an unlawful detainer summons form directly from the website of the California courts. In fact, you can fill it out without the presence or advice of an attorney. But to be sure that you are doing things right, you must at least seek for legal advice.

If you dont serve your summons to your tenant properly, he can file a Motion to Quash Service of Summons. Your complaint must also be just, so even before deciding on evicting a tenant you must know and cite exactly what he has done to deserve an eviction, like significant property damage. If your tenant firmly believes that your complaint lacks merit, he can file a demurrer to challenge the sufficiency of your complaint.

Fill out the required details of your summons form truthfully. Once youve filled out your summons form and written down your complaint, you must now file your unlawful detainer lawsuit at one of the clerks of court. Once your tenant receives his copy of your summons and complaint, he will have five days to file his answer to your lawsuit at the same clerk of court where you filed it. Otherwise, he will have to be evicted and forced to move out by a sheriff by default.

Once your tenant files his answer, you can then file for a court trial. If your tenant wins against you, he will have the right to stay in his unit and get compensation for court fees from you. If you win, however, your tenant will have to compensate for your court fees and the court will grant you another of the California eviction forms.

The eviction form youll get is the writ of possession. It can only take effect five days after your tenant still hasnt left his unit. Even though your tenant loses the unlawful detainer lawsuit, hes still given five days to prepare to move out of his formerly rented unit. After his five-day extension, the writ of possession will become effective. The sheriff will come to remove him from his unit, even dispossessing him of belongings he might have left in his unit.

The use of California eviction forms ensures that evictions dont go awry. Their use ensures that every eviction process is in order. Hence, as a landlord, you should not just be familiar with these forms. You must also know how to use them well whenever you need them.

For further information about California eviction, visit at FullCountEvictionService.Com.

Original article published on PubArticles.com

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