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The Eviction Process

Below is a summary overview of the typical eviction process.  Please note the
information contained in this web site is intended to convey general
information.  It should not be construed as legal advice or opinion. It is not an
offer to represent you, nor is it intended to create an attorney-client
relationship.  Further, any email sent via the Internet to Kelly Chang &
Associates using the email addresses listed in this web site would not be
confidential and would not create an attorney-client relationship.

Notice

First, you must give tenant notice of eviction.  Please note that in preparing
and serving the notice you must be technically perfect.  If you fail to comply
with ALL of the requirements, your case will be dismissed and you will have to
start over from the beginning.  

Types of Notices

There are several types of notices.  This article discusses the common ones,
and provides samples.

3 - Day Notice to Pay Rent or Quit (Click for Sample)

This is the notice you use when the tenant is behind in the rent.  This can
include either failing  to pay the entire rent  for a rental period, or making only
a  partial payment.

30 - Day Notice (Click for Sample)

This is the notice you use to terminate a month-to-month tenancy, for a tenant
who resided there for less than one year.  You are not required to state a
reason for your decision to give the tenant to terminate the tenancy.  Please
note that once the notice is given, you cannot accept any further rent
payments after the date give on the notice expires. If you accept payment, the
notice will be considered waived and void.

3-Day Notice to Cure Breach of Covenant or Quit (Click for Sample)

This type of Notice is used when the Tenant has breached some material term
of the rental agreement other than non payment of rent, i.e., No Pets clause,
subletting without Landlord's consent, or not paying late fees. The Notice
essentially gives the Tenant 3 full days to correct the violation or move out of
the Premises. Tenants will normally contest Notices of this type in court so it is
essential that the Landlord have witnesses, photographs and other evidence to
prove to the court that the breach did in fact occur. In a situation where there is
a pet or constant late payment, it is better to simply serve a 30 Day Notice to
terminate the tenancy (if it is month to month) so that the Tenant has additional
time to vacate. A 30 Day Notice reduces the chances that the case will be
contested at court since most Tenants cannot vacate the Premises in 3 days.

3-Day Notice to Quit for Committing a Legal Nuisance (Click for Sample)

This Notice is similar to the previous Notice but is used when the Tenant is
engaging in criminal activity or other acts which are harmful to other occupants
of the property, thereby constituting a legal nuisance. Such acts include illegal
drug activity, prostitution, and in some cases gang activity. Code of Civil
Procedure, Section 1161 provides the legal basis whereby a Landlord can
serve a 3 Day Notice to Quit on a Tenant who "...illegally sells a controlled
substance upon the Premises or uses the Premises to further that purpose..."
Again, the Landlord is advised to have independent witnesses (other Tenants
who observed the illegal activities), police officer testimony and other evidence
to sustain the Landlord's burden of proof should the Tenant contest the matter
at trial.  It is best to have an attorney prepare this type of Notice.

Serving the Notice

Notices may be served in one of the three ways listed below:

1.        Personal Service.  Of the three methods, this is the best method of
service. It simply  means that each occupant of the premises is handed a copy
of the notice.  

2.        Substitute Service. This service is  accomplished by leaving a copy of
the notice with an individual of suitable age and discretion. To complete service
another copy of the notice and proof of service is mailed to the occupants of
the premises on the same day via first class mail.

3.        Post & Mail.  This type of service is completed by posting the notice on
the front door of the premises and another copy of the notice is mailed to the
occupants of the premises  the same day via first class mail.

Filing the Summons and Complaint

When the notice period has expired, and the tenant has not taken action, you
may now commence an Unlawful Detainer lawsuit.  Unlawful Detainers are
Summary proceedings, which means they are processed in an expedited
manner.  If everything is properly prepared, relief should be granted in a
relatively short period of time.

Service of the Pre-judgment Claim of Right to Possession

The landlord should be aware of the possibility of an Arrietta claim. This is
when the authorities commence a lockout, and a third party comes forward with
a Claim of Right to Possession form, claiming they were an occupant of the
property but was not named in the unlawful detainer complaint.  In this
situation, the authorities must stop the lockout procedure until a court hears
the occupant's allegations at a hearing.  The name of this claim is derived from
the case of Arrieta v. Mahon, and is now codified in California’s Code of Civil
Procedure section 1174.3.  There, the California Supreme Court held that
before any person maybe forcibly evicted by the levying officer, they must have
an opportunity to be heard.

The only way to prevent an unknown occupant from asserting an Arrietta claim
just before the lock-out phase, is to serve a Pre-judgment Claim of Right to
Possession with the Summons and Complaint.  Service of this form puts any
and all unnamed occupants living in the residence on notice that, unless they
identify themselves to the landlord, they may be evicted along with the other
tenants.

We automatically serve a Pre-judgment Claim of Right to Possession along with
the Summons and Complaint. We strongly feel that the  advantages at the lock-
out stage outweighs the delay caused by the 5 additional days that an
unknown occupant has to respond.

If you have any further questions or need additional information about evictions
or other Real Estate services, please do not hesitate to email
kelly@purposedrivenlawyers.com or call (323) 393-5669.

Copyright 2006 - 2008.   Law Offices of Kelly Chang.  All Rights Reserved.
Evictions
Phone: (323) 393-5669
Fax:      (323) 315-5234
We know family matters.
Kelly Chang Rickert, Esq. has a California Real
Estate Broker's license, and is an avid real estate
investor.  She is also a landlord, and is intimately
familiar with Los Angeles rent control laws.  Ms.
Chang only represents landlords in eviction
proceedings.
5455 Wilshire Blvd., 21st Floor
Los Angeles, CA 90036
LAW OFFICES OF KELLY CHANG
A Professional Law Corporation
**California State Bar Certified Family Law Specialist