How To Successfully Serve An Unlawful Detainer Process Service In California

Written by California Process Service
September 30, 2021

What is the unlawful detainer process service?

 

The process by which a landlord can evict a tenant, typically after the tenant has failed to pay rent or violated the terms of their lease agreement. How do I get the unlawful detainer process served on someone? Someone who is being evicted must be served with the process. It does not matter if you are a tenant or landlord, this is what has to be done in order for you to get the process of getting a tenant out of your property.

What happens after the tenant is served with an unlawful detainer process

 

After the tenant has been served with an Unlawful Detainer process, they must make a response to vacate the property. If the tenant does not respond and leave by the date given in the process, a court hearing will be held. The eviction unlawful detainer process is a legal process, not an eviction notice. If the tenant does not have a lease or rental agreement with your company, you can take them to court and win a judgment against your tennent.

California unlawful detainer law explained

 

Unlawful detainer laws are designed to protect landlords who have tenants that fail to pay rent. The law says the landlord can evict the tenant after giving them five days’ notice, provided they have a legitimate reason for eviction. The landlord must give the tenant written notice of their intention to evict and state the reason for the eviction.

The California unlawful detainer law is designed to protect landlords who have tenants that fail to pay rent. The law says the landlord can evict the tenant after giving them five days’ notice, provided they have a legitimate reason for eviction. The landlord must give the tenant written notice of their intention to evict and state the reason for the eviction.

The California unlawful detainer law is designed to protect landlords who have tenants that fail to pay rent. The law says the landlord can evict the tenant after giving them five days’ notice, provided they have a legitimate reason for eviction.

The tenancy is terminated by an order of the court or by dismissal by the landlord or by expiration of the lease.

The unlawful detainer law does not allow a tenant to be evicted if the tenant is elderly, disabled, pregnant, single parent, or has a minor child.

If the tenant has no lease, the landlord must give proper written notice to either vacate or move. If the tenant refuses to leave after 30 days, then an unlawful detainer action can be filed against the tenant.

The landlord does not have to give the tenant an opportunity to pay the rent owed, nor is there a requirement that the tenant has committed a crime before being evicted.

The tenant must be given a proper reason why they are being evicted, and that reason must be based on a reasonable cause, not just to evict someone for no reason at all.

Reference: Cal. Civ. Proc. Code, § 1164. Landlord/Tenant Self-Help

Why Is It Best To Use A Registered Process Server?

 

When you are served with a lawsuit, it is best to use a registered process server because they have the proper paperwork and knowledge to serve your documents. A registered process server knows how to serve a lawsuit, follows the proper procedures, and knows the proper court system for serving someone.

If you are served with an unlawful detainer suit, it is best to hire a process server to serve your documents. If you do not use a registered process server, it is possible that they might make errors and not properly serve your lawsuit or be unable to serve your documents.

 

Does This Lawsuit Have To Be Served?

 

No. If you are served with a lawsuit in the state of Arizona, then it is best to hire a process server to serve your documents.

How To File An Eviction Notice

 

The Eviction Notice is prepared and served to the occupant. There is a waiting period for the tenant’s compliance. The next step is to take legal proceedings against them and file an Unlawful Detainer in court. A copy of the Eviction Notice filed with the court is your cause of action against the tenant. You may not need to serve the landlord with the eviction notice.

How To Serve A Lawsuit?

There are two ways you can be served with a lawsuit: personal service, or regular mail with a Summons and Notice.

Personal Service

The person gets served with the lawsuit, usually by sheriff’s deputies or bailiffs who bring the papers to their residence.

Regular Mail

The person is served with the lawsuit by registered mail or certified mail. The landlord puts a Summons and Notice in the post office box for the tenant to sign for, or a law enforcement officer or his or her agent picks up the package and makes a copy of the notice. The landlord then gives it to you for service, as shown above.

What are Summons and Notice?

Summons is the lawsuit itself. Notice is the document that gives the person 24 hours to answer or appear in court.

Did you get served with a lawsuit?

If you did not get served with a Summons and Notice, then you are probably out of luck. It is very difficult to defend yourself if the landlord does not know where you are.

Can You Give Your Tenant Time to Answer?

Most of the time, yes. But only if you have a good reason for it. The 24 hours is not a hard and fast rule. If you have a good reason for giving the tenant time to answer, then most judges will allow it.

 

Completing the Unlawful Detainer Process

The service of summons and complaints is the next step in the unlawful detainer process. Tenants must be served the initial notice to quit or notice of eviction properly, and also must receive the summons and complaint properly. If tenants don’t file a response, they’ll be in default and the court can enter a judgment of eviction.

Tenants should hire an attorney who represents landlords/tenants. If you do show up, the court may schedule a hearing if they cannot settle the case. When a hearing is scheduled, there will be a full trial unless the case can be settled beforehand.

How fast is an unlawful detainer?

An unlawful detainer, also known as a notice to quit, is a legal document that provides the tenant with the opportunity to comply with their lease or vacate the property.

An unlawful detainer is a legal document that provides the tenant with the opportunity to comply with their lease or vacate the property. The notice usually gives tenants 10 days to vacate the property. The notice must be served by a sheriff or constable and is normally served in person.

An unlawful detainer usually gives tenants 10 days to vacate the property. If the tenant does not vacate when the unlawful detainer expires, they will be evicted for noncompliance with their lease or code provisions.

An “unlawful detainer” is also called an “unreasonable detainer” or “unjust detainer.” It’s not always the case that the unlawful detainer filing will result in eviction.

If your landlord files an unlawful detainer against you, they are essentially telling the court that you have not complied with your lease or that you did not pay your rent within 30 days. The tenant has to be served with the unlawful detainer notice within 10 days after the filing.

The court will give you a hearing to contest the unlawful detainer and to ask for damages and/or an order to vacate. If the court decides in favor of eviction, you will have to pay your landlord’s attorney fees and a filing fee.

If the court rules in favor of the unlawful detainer, it is still possible to stop the eviction. You can file a writ of possession against the landlord and/or a motion for a hearing where you may be able to try to negotiate a deal with your landlord.

When will evictions resume in California?

Many people are wondering when evictions will resume in California because of the recent changes to the law.

The State’s new regulations require landlords to wait for an eviction order before proceeding with an eviction. This can often take days or weeks, so landlords are waiting for the court order before they evict tenants.

The law was passed in response to a backlog of cases with no clear way to move forward.

In order to clear out the backlog, courts will need to issue more eviction orders in the coming months. In California, landlords can file for eviction with a court within six days of the tenant’s deadline for moving out. If the landlord files on time but does not receive a court order, they can commit a misdemeanor and be fined up to $1,000.

Tenants who do not move out of a rental unit after court judgments may be evicted. The landlord can remove the tenant from the property and put a “Notices to Vacate” sign on the door. If a tenant does not move out within 30 days after the initial eviction notice, an additional notice must be sent to the tenant. The landlord can then file for eviction and get a court order for the tenant to vacate the property.

The landlord must file a complaint with the court within 14 days of filing the initial eviction notice or seeking an additional eviction notice. The landlord will need to serve the complaint (and all supporting documents) on the tenant or post it at the property. If a landlord fails to file the complaint within 14 days, they will lose their right to evict the tenant.

In addition to serving the complaint, the landlord must file a summons with the court to have the tenant serve with a copy of the complaint. The summons needs to be served on the tenant too. The court will give the tenant 14 days to respond to the complaint and serve with a copy of the summons. If the tenant doesn’t respond, then he/she can be evicted.

If the tenant doesn’t respond, then he will get a default judgment. The landlord can then proceed with the unlawful detainer hearing. If the tenant responds and wins at the unlawful detainer hearing, then the landlord has to pay the tenant’s attorney fees. If the tenant wins an unlawful detainer hearing, then he will be entitled to a full or partial rent refund and reimbursement for the cost of the unlawful detainer hearing. If the tenant wins an unlawful detainer proceeding, then he/she can also get “attorney’s fees” (which are usually around $1,200 to $1,500).

There is one thing that you should be aware of. If your landlord wins an unlawful detainer proceeding against you, then the landlord can continue with the unlawful detainer proceeding at the same time, which means that you are being evicted while you are also trying to get your unlawful detainer hearing. If this happens, then the eviction proceeding should be stopped until after the unlawful detainer hearing is over.

If you are being evicted while you are also trying to get your unlawful detainer case, then you should contact us right away. We will help you file the unlawful detainer case. We will also notify you whenever we hear back from the landlord about whether they are going to proceed with the eviction.

What are the four steps for the successful completion of an unlawful detainer?

First, the landlord must give written notice (a “3-day notice”) to the tenant of his intent to terminate the tenancy as soon as practicable. This notice must contain information about why the landlord is terminating the tenancy, the day on which the termination will take effect, and provide contact information for an office of the local housing authority.

Second, if there are no legal grounds for the landlord to evict the tenant, then the tenant has three days from the date of service of this notice to move out.

Third, if there are legal grounds for eviction, then an unlawful detainer action must be brought within three days.

If these steps are followed in a timely manner, then the tenant can move out of the property and will not have to pay any damages for the eviction. If the tenant does not move out of the property within the time period, then eviction will be conducted against them.

Fourth, if the tenant does not move out of the property, then a warrant for eviction will be issued.

In conclusion, the unlawful detainer process is a complex activity that needs to be followed diligently if it is going to be successful. If you’re looking to hire an unlawful detainer process server in California, please contact us at (866) 754-0520 or visit us online https://jplps.com

ABOUT THE AUTHOR

Jeff Lancaster

Jeff Lancaster

JPL Process Service is a trusted process service partner to 100's of law firms throughout Southern California. Call us at (866) 754-0520 to see why or click to order online here.

SHARE WITH FRIENDS

Share on facebook
Facebook
Share on google
Google+
Share on twitter
Twitter
Share on email
Email
Share on whatsapp
WhatsApp

READ MORE

File, Serve & Save With The Process Service Filing Combo!

Order Any California E-Filing Or Court Filing And SAVE $24 On One Serve!

For nearly 2 decades, JPL Process Service has made life easier for California legal professionals by finding new and innovative ways to deliver their legal paperwork faster, safer and as efficiently as possible.  

866-380-7507 phone
866-684-4815 fax
562-612-7184 text

A FEW OF OUR CLIENTS

HAVE A QUESTION OR COMMENT?

© 2021 JPL PROCESS SERVICE | 14482 BEACH BLVD. STE X WESTMINSTER, CA 92683