How do evictions work?
We do everything in our power to avoid having to evict a tenant, but on rare occasions an eviction may be necessary. The attorney and court costs are typically in the $850 - $1,000 ballpark, but it may fluctuate based on the complexity of the situation.
Typical fees include the Court Filing Fee $240 (may vary); Writ $25; Sheriff Notice to Vacate $145; attorney fees, etc. A complete list of court fees may be found on this website: http://www.humboldt.courts.ca.gov/ff/index.htm
Broadly speaking, the eviction process works as follows:
File notice
Get a court date
Go to court (handled by a member of our Team or a representative)
Receive default judgment
The judgment describes how much the tenants must pay to avoid eviction, which is usually the full amount of back rent, plus legal fees. If the tenant doesn’t pay what they owe by the time the judgment expires, we pursue the final steps:
File for Writ of Possession
Receive Writ of Possession
Hire Sheriff to remove tenant
If we do hire a Sheriff to remove the tenant from the unit, it can cost you as the owner between $500-1,000, including disposing of trash and a locksmith to rekey the unit. Note that legally, we must hire a Sheriff to remove the tenant.
Although the process is fairly simple, the wheels of justice turn slowly, and it can take a few months for the whole thing to work its way through the courts.
RESOURCES
http://www.humboldt.courts.ca.gov/sh/evictions_landlord.htm
http://www.humboldt.courts.ca.gov/dv/smallclaims_detainers.htm
UNLAWFUL DETAINER FORMS:
The forms a landlord needs in order to start the Unlawful Detainer process, AFTER the proper eviction notice has been served on the tenant, can be downloaded here:
Unlawful Detainer Complaint packet for landlords
- This packet requires these forms (click)
Forms for tenants who wish to file an Answer in response to an Unlawful Detainer can be downloaded here:
Unlawful Detainer Answer packet for tenants
For assistance with completing these forms, please contact the Civil Self-Help Center.
UNLAWFUL DETAINER FREQUENTLY ASKED QUESTIONS
WHAT IS AN UNLAWFUL DETAINER?
An unlawful detainer is a lawsuit that a landlord files in court to evict a tenant. If the judge agrees with the landlord, the landlord can ask the sheriff to physically remove the tenant from the rental unit. If not, the tenant can stay in the property.
CAN A LANDLORD EVICT A TENANT?
Maybe. In California, a landlord may be able to evict a tenant if the tenant:
Is behind on the rent,
Breaks the lease or rental agreement and will not fix the problem (like having a pet if the contract doesn't allow it and refuses to get rid of it),
Commits waste and damages the property, bringing down the value,
Becomes a serious nuisance and disturbs other tenants and neighbors often and will not stop when asked, or
Uses the property to do something illegal.
In Humboldt County, the landlord can also evict the tenant if:
The tenant stays after the lease is up.
The landlord cancels the rental agreement by giving the proper written notice.
HOW DOES A LANDLORD EVICT A TENANT?
First, the landlord gives the tenant written notice. If the tenant doesn't do what the notice asks, the landlord can file an unlawful detainer in court when the notice period ends.
If the judge agrees with the landlord or if the tenant does not answer the court papers, the court will order the sheriff to evict the tenant. If the judge agrees with the tenant, the tenant will get to stay.
CAN A LANDLORD EVICT A TENANT WITHOUT FILING AN UNLAWFUL DETAINER?
No. It is against the law for landlords to evict tenants on their own. Even if the tenant is months behind on the rent, the landlord cannot:
Physically remove the tenant,
Get rid of the tenant's personal property,
Lock the tenant out,
Cut off the utilities, like water or electricity,
Remove outside windows or doors, or
Change the locks.
WHAT IF THERE IS NO WRITTEN LEASE OR RENTAL AGREEMENT?
A lease or rental agreement does not need to be in writing to be valid. You can have an oral lease or agreement, just like you can have an oral contract. The same rules apply with written or oral agreements.
HOW LONG DOES THE UNLAWFUL DETAINER PROCESS TAKE?
Usually about 30 days, but it can take much longer if the parties do not complete and file the proper paperwork in a timely fashion. The tenant has 5 days to file a response after being served with the landlord's lawsuit before the landlord can file a request for a default judgment. If the tenant files a response, the landlord must then request a hearing date. The clerk will then schedule a trial within 20 days (or less) of the landlord's request. The trial usually takes one hour or less.
DO THE LANDLORD AND TENANT NEED A LAWYER?
The landlord and tenant do not have to get a lawyer. But, there are strict court rules and court forms you have to fill out, file and serve. The rules and forms are complicated. And if you don't do things correctly, you may lose your case.
CAN A TENANT SUE A LANDLORD FOR TRYING TO EVICT HIM/HER?
A tenant cannot file a counter-suit against the landlord in the unlawful detainer case. But, if the tenant has claims against the landlord for personal injury or damage to the tenant's personal property, the tenant can file a separate lawsuit.
Also, if the landlord tries to evict the tenant illegally, the tenant can file a lawsuit against the landlord for "wrongful eviction" and ask for punitive damages in addition to the damages the tenant actually suffered. If the tenant wins, the landlord may have to pay the tenant a lot of money. Even if the landlord wins this lawsuit, the lawyer fees can be very high. That's why it is very important that both landlords and tenants follow all the legal procedures properly.
HOW LONG DOES THE UNLAWFUL DETAINER PROCESS TAKE?
Usually about 30 days, but it can take much longer if the parties do not complete and file the proper paperwork in a timely fashion. The tenant has 5 days to file a response after being served with the landlord's lawsuit before the landlord can file a request for a default judgment. If the tenant files a response, the landlord must then request a hearing date. The clerk will then schedule a trial within 20 days (or less) of the landlord's request. The trial usually takes one hour or less.
DO THE LANDLORD AND TENANT NEED A LAWYER?
The landlord and tenant do not have to get a lawyer. But, there are strict court rules and court forms you have to fill out, file and serve. The rules and forms are complicated. And if you don't do things correctly, you may lose your case.
CAN A TENANT FILE A COUNTER-SUIT AGAINST THE LANDLORD IN AN UNLAWFUL DETAINER CASE?
No. A tenant cannot file a counter-suit against the landlord in the unlawful detainer case. But, if the tenant has claims against the landlord for personal injury or damage to the tenant's personal property, the tenant can file a separate lawsuit.
WHERE CAN I GET HELP FILING OR RESPONDING TO AN UNLAWFUL DETAINER?
o An unlawful detainer clinic is held every Friday from 8 a.m. to 10:30 a.m. in the Court’s Self-Help Center located in Room 305 of the Eureka Courthouse. Individual assistance is provided on a first come, first serve basis. The clinic is for those who need assistance with unlawful detainer procedures and unlawful detainer paperwork. Please note that the location and hours for self help assistance are subject to change. You may call the Self-Help Center at 707-269-1223 to obtain current information about the time and location of the clinic. You may speak directly with an office staff member every Tuesday from 10 a.m. to 12 noon during hotline hours at 707-269-1223 . Hotline hours are subject to change.
For assistance with unlawful detainer paperwork you may also contact Legal Services of Northern California at 707-445-0866 . Their office is located at 123 3rd Street, Eureka, CA. They may assist only tenants and certain income qualifications may apply.