In Los Angles, Long Beach and other cities in the state of California a landlord can only evict a tenant after filing the required Unlawful Detainer forms. These are the forms that are required by the court for a hearing that will either remove the tenant or allow the tenant to remain if the landlord is found to have illegally or improperly attempted to remove the tenant from the property.
When To File Unlawful Detainer Forms
The first step in the process is to provide the tenant the notice that they are to vacate the property. This can be done if the tenant fails to pay the rent, damages the property, engages in illegal activities, or violates the terms of the lease or rental agreement.
Illegal activity can include using the residence for an illegal purpose, unlawful use of ammunition or firearms, or any type of manufacturing or distributing of illegal drugs from the property. In addition if the tenant has been a nuisance to other tenants then he or she can be evicted.
The Filing Process
There are several different Unlawful Detainer Forms that need to be submitted in Los Angeles and Long Beach. These include the Unlawful Detainer Summons, Compliant and a Cover Sheet.
In addition you will need to show proof of service, request a trial date, make an application for a Writ of Possession and then also complete the Writ of Possession. Ensuring that these forms are completed fully and accurately is important to avoid delays or to avoid possibility damaging your
eviction claim.
The Court Process
Once the tenant is served with the appropriate Unlawful Detainer forms he or she has 5 days to file a response with the court. If the tenant does not respond you can then request a judgment from the court.
If the tenant does not challenge the eviction you will be given a default judgment and a Writ of Possession that you can then provide to the Sheriff for the actual physical eviction. If there is a challenge then the case will go before a court and both the landlord and the tenant will provide their respective information, with the judge making a final decision.
Getting the correct information on your Unlawful Detainer forms in Los Angeles and Long Beach is important. Be sure you have all necessary documents and have followed all steps before filing.
