Unless you have a court order, you can't 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, it's 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 don't 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.
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Fill out the required details of your summons form truthfully. Once
you've 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 you'll
get is the writ of possession. It can only take effect five days after
your tenant still hasn't left his unit. Even though your tenant loses the
unlawful detainer lawsuit, he's 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 don't 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.