Eviction Lawyers in Glendale, CA

Eviction Processes for Landlords in California

Are you trying to evict a tenant from your residential or commercial building in Glendale? Here, you’ll find the basics on California’s eviction process:

Legal Framework

Evictions (also known as unlawful detainer cases) happen when landlords want tenants to leave their rental property. In California, property owners can’t force tenants to leave on their own. No matter what issues they’re facing, landlords must go through a highly specific legal process and obtain a court order before the sheriff can evict tenants.

As a landlord pursuing an eviction, you’ll have to make sure you aren’t overlooking any details along the way. California’s strict compliance standard for landlord tenant laws means even small mistakes during this process could result in serious consequences.

Steps in the Eviction Process

When you want to evict a tenant in Glendale (or another California community), you’ll need to:

1. Serve a proper Notice. Before doing anything else, you must give your tenant a written warning, or “Notice.” You’ll also have to have a legal justification for issuing that Notice, such as not paying rent on time or acting as a nuisance to other residents.
2. File forms in court. If the deadline for your Notice passes and your tenant hasn’t resolved the underlying problem, you can begin your unlawful detainer case. At this point, you’ll need to fill out forms requesting the judge to order an eviction and OK the collection of past due rent.
3. Wait for your tenant’s response. Once you’ve filed in court, your next step will be serving your tenant with Summons and Complaint forms. Depending on how they respond, you might have to request a default judgment, get a trial date, or dismiss your case.
4. Go to court, if necessary. If your tenant decides to fight their eviction, you’ll need to get ready for a court case. Before your trial date, take time to write out your testimony, prepare evidence, and learn everything you can about talking to witnesses and other courtroom basics.
5. Obtain Judgment of Possession. The judge will sign this form if they agree that your tenant must leave and give you the money they owe you. On top of that, the sheriff will serve a Notice to Vacate to your tenant at this point.

Common Mistakes to Avoid

The process described above might sound simple, but you could still run into trouble along the way. Some problems Glendale landlords need to be aware of include:

• Improperly served Notices. Serving your tenant with a Notice is the beginning of any eviction and the first point where this process can fall apart. Not serving a Notice correctly could put your entire eviction at risk.
• Incorrect timelines. Landlords also need to understand the timelines involved in the eviction process. That means knowing exactly how long tenants have to respond to Notices and Complaint/Summons forms.
• Skipping required steps. If you don’t make an effort to follow the eviction process closely, you could miss a step along the way – and that could be enough to derail your efforts.

Failing to comply with Glendale-specific rules. Glendale-area landlords need to be familiar with local laws while pursuing evictions.

Glendale-Specific Eviction Rules

Risks of Mishandling an Eviction

When landlords aren’t careful while going through the eviction process in Glendale, they might run into:

Wrongful Eviction Claims

If you don’t have “just cause” for an eviction, attempt to perform a self-help eviction, or make another mistake, you could open yourself up to wrongful eviction claims and tenant lawsuits. Getting qualified legal advice before starting the eviction process is the best way to avoid these pitfalls.

Delays and Dismissals

Landlords who don’t follow eviction procedures could also see their case get dismissed or delayed. Situations like these are costly in terms of both time and money (in the form of lost rent). To avoid setbacks in your eviction case, you’ll need to work with legal experts who specialize in landlord tenant laws.