California Eviction & Unlawful Detainer Attorney
Eviction cases can move quickly and involve strict procedural requirements. Whether you are seeking to evict a tenant or defending against an eviction, experienced legal guidance can help you understand the process and your available options.
Need to Evict a Tenant?
California's unlawful detainer process involves several distinct stages. In general terms, the process may involve:
- Notice requirements — Serving a legally sufficient notice appropriate to the circumstances.
- Unlawful detainer filing — Filing a court case if the tenant does not comply with the notice.
- Service — Properly serving the tenant with the court complaint and summons.
- Court process — Responding to any answer filed and proceeding through the applicable court procedures.
- Settlement — Resolving the matter by agreement, where appropriate.
- Judgment — Obtaining a judgment for possession, if the matter is not otherwise resolved.
- Writ of possession — Requesting a writ of possession following judgment.
- Sheriff enforcement — Enforcement of the writ by the appropriate law enforcement agency.
Facing an Eviction?
If you have received a notice or been served with an unlawful detainer lawsuit, the process may involve:
- Reviewing the notice — Evaluating whether the notice you received met applicable legal requirements.
- Responding to an unlawful detainer — Filing a timely response if a lawsuit has been filed.
- Potential defenses — Evaluating defenses that may apply to your circumstances.
- Negotiation — Exploring a negotiated resolution, where appropriate.
- Settlement — Resolving the matter by agreement, where appropriate.
- Court proceedings — Appearing in court and proceeding through the applicable procedures.
- Judgment — Understanding the effect of a judgment, if the matter is not otherwise resolved.
Eviction timelines and outcomes depend on the specific facts of each case, including how the parties respond at each stage. We do not promise that an eviction can be stopped or completed within a specific timeframe.
Understanding the California Eviction Process
Whether we are representing the landlord or the tenant, our approach generally follows these stages.
Initial Consultation
We learn about your situation, timeline, property, lease, notices, and immediate concerns.
Document Review
We review relevant notices, lease documents, communications, payment history, and other available information.
Legal Evaluation
We identify potential legal issues, deadlines, and available options.
Strategy
We discuss the appropriate legal strategy based on your circumstances.
Negotiation or Litigation
Where appropriate, we pursue negotiation, settlement, mediation, or litigation.
Resolution
We work toward resolving the matter through the appropriate legal process.
Every case is different. The legal process, deadlines, and available options depend on the specific circumstances.
Procedure Matters in Unlawful Detainer Cases
Unlawful detainer cases follow a compressed timeline compared to most other civil matters, and a technical misstep — on either side — can affect the outcome of a case. Landlords must follow specific notice and filing requirements; tenants generally have a short window to respond once a case is filed.
Understanding these procedures, and how they apply to your specific situation, is an important part of protecting your interests.
Whether You Are Evicting or Defending, We Can Help
Contact our office to discuss your eviction matter and learn about the process and options available to you.