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If the tenant doesn't
voluntarily move out after the landlord has
properly given the required notice, the landlord
may begin the eviction process. To evict the tenant, the landlord must
file an unlawful detainer lawsuit
in the California Superior Court.
In an eviction lawsuit, the
landlord is called the "plaintiff"
and the tenant is called the
"defendant."
If the landlord uses
unlawful methods to evict a tenant, the
landlord may be subject to liability for the
tenant's damages, as well as penalties of up
to $100 per day for the time that the landlord
used the unlawful methods.
If the court decides in
favor of the landlord , the court will issue a writ
of possession. The writ of possession
orders the sheriff to remove the tenant from
the rental unit, but gives the tenant five
days from the date that the writ is served to
leave voluntarily. If the tenant does not
leave by the end of the fifth day, the writ of
possession authorizes the sheriff to
physically remove and lock the tenant out, and
seize (take) the tenant's belongings that have
been left in the rental unit. The landlord
is not entitled to possession of the rental
unit until after the sheriff has removed the
tenant.
The
landlord should just stay during this
period.
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In an unlawful detainer
lawsuit, the court holds a hearing at which
the parties can present their evidence and
explain their case. If the court finds that
the tenant has a good defense, the court will
not evict the tenant. If the court decides in
favor of the tenant, the tenant will not have
to move, and the landlord may be ordered to
pay court costs (for example, the tenant's
filing fees). The landlord also may have to
pay the tenant's attorney's fees, if the
rental agreement contains an attorney's fee
clause and if the tenant was represented by an
attorney.
An unlawful detainer lawsuit
is a "summary" court procedure. This
means that the court action moves forward very
quickly, and that the time given the tenant to
respond during the lawsuit is very short. For
example, in most cases, the tenant has only five
days to file a written response to the
lawsuit after being served with a copy of the
landlord's complaint.
Normally, a judge will hear and
decide the case within 20 days after the
tenant files an answer.
The court-administered
eviction process assures the tenant of the
right to a court hearing if the tenant
believes that the landlord has no right to
evict the tenant. The landlord must
use this court process to evict the tenant;
the landlord cannot use self-help
measures to force the tenant to move. For
example, the landlord cannot physically remove
or lock out the tenant, cut off utilities such
as water or electricity, remove outside
windows or doors, or seize (take) the tenant's
belongings in order to carry out the eviction.
The landlord must use the court procedures.
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| Read the rest of the
California Eviction Guides: |
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