The eviction process can be fast, unforgiving, and unfairly complicated. Worst of all, the consequences of getting it wrong can be devastating, leaving tenants without a home and facing a severe impact on their credit history that could make obtaining loans, new housing, or even employment extremely difficult. That said, it is a process non-attorneys can navigate if there is no other option. As we currently don’t have the capacity to represent tenants in eviction cases at Peregrine Legal Group, we hope this page explaining the process can at least be of some help.

Step 1: Notice

Before a landlord can evict someone, they must typically provide written notice stating the reason for eviction. This could be a notice to pay or quit, a notice to cure or quit, or a notice terminating tenancy, for example. The notice to pay or quit is relatively straightforward, identifying the amount owed and specifying when it must be paid, typically within at least three business days from the date of the notice. A notice to cure or quit has a similar timeframe, but instead describes something the tenant is doing that violates the lease and must stop, or something they aren’t doing that they must start. Lastly, a tenant may be given a notice stating that the landlord is ending the tenancy. In situations where the landlord is not required to provide a just cause, they can end a tenancy within thirty days if the tenant has lived in their home for less than a year, or sixty days if they have been there for more than one year. Once the time limit on the notice has expired and the conditions described haven’t been met, then the landlord may proceed to the next step.

Step 2: Filing and Serving an Unlawful Detainer Complaint

Once the landlord has given the tenant sufficient time to move out and that time has expired, the landlord can file an unlawful detainer complaint. The term “unlawful detainer” is passed down from English law and simply means an eviction lawsuit. There are some things about an unlawful detainer that make it different from a typical lawsuit. Eviction cases have the highest priority of all civil cases. Courts are expected to take these cases to trial within a month, ideally, and two months more generally. Because of this priority, though, there are some special expectations put on landlords. Among these, the landlord’s complaint must be filed under penalty of perjury, and anything they get wrong in the process could make them have to start all over.

The complaint itself is a form the landlord fills out explaining the case: identifying the property the tenant is occupying, who the tenant is, and why the tenant must be forced to leave. Once the complaint is accepted by the clerk and a filed copy returned to the landlord, they must arrange for it to be served on the tenant. This can be done personally, by someone like a process server, physically handing it to them.

Step 3: Answering the Complaint

Once the complaint is served, the tenant has five court days to file an answer. The answer is a form that the tenant files with the court, agreeing to or denying the claims made by the landlord, and raising any defenses the tenant may have against the eviction. These can include a claim that the landlord did not provide the tenant a just cause for eviction, where one was required, or that some other part of the complaint is untrue. It is essential to file an answer as soon as possible to avoid the risk of a default judgment, where the court declares the landlord the winner because the tenant did not participate. Once a complaint is received, it would be a good idea to consult with an attorney immediately or reach out to any eviction defense or legal aid resources in your city or county.

Step 4: Preparing for Trial

Once an answer is filed, the court will set the case for trial. Tenants may be required to participate in discovery, where they are asked and/or answer questions from the landlord in writing or orally. You may have heard of these processes by their more technical names: interrogatories and depositions. At this stage, the court will also encourage both parties to come to some form of settlement. It is usually a good idea to hear out any proposed settlements, as they may provide enough time and resources to safely move out without asking too much in return.

Step 5: Trial

Just like the processing leading up to them, eviction trials tend to be fast. If you intend to take your case to trial, we recommend hiring an attorney to navigate the complexities of courtroom procedure.

Conclusion

While consulting with an attorney is helpful and potentially essential in the early part of the eviction process, an attorney’s direct involvement in your case, the further you go, could be critical to avoiding very serious consequences. It is not a process to be taken lightly. If you have questions, the team at Peregrine Legal Group will do everything possible to assist you.