When a landlord is having problems with a tenant not paying rent, or violating terms of the lease, the landlord can file an unlawful detainer lawsuit against the tenant. A Los Angeles eviction lawyer can help a the landlord with preparing and filing the unlawful detainer and making sure it is successful in court.
Steps in an eviction: A Los Angeles eviction lawyer explains
The first step in a typical eviction case occurs when the tenant violates a term in the lease. Often this is due to failing to pay rent on time. Once this happens, the landlord can give a 3-day notice to “cure” the breach or pay rent, or to “quit” or move out. The 3-day notice is an important step and must be handled properly. According to www.attorney-los-angeles.net/unlawful-detainer-los-angeles/ the 3-day notice is the step in an eviction where landlord mistakes are most common.
Filing an Unlawful Detainer lawsuit with a Los Angeles Eviction Lawyer
Once the 3-day notice is issued, and the landlord waits the full 3 days, the landlord can file the unlawful detainer lawsuit if the tenant has not fixed the breach. When the unlawful detainer lawsuit is filed, and landlord files a “complaint” form to the local Superior Court. Once the complaint is filed, a summons is issued by the court. Along with the summons, the la
ndlord “serves” the complaint on the tenant.
After being served with the summons and complaint, the tenant has 5 days to respond using a form called an “answer.” If the tenant does not answer, the landlord can seek a default judgement by filing a request for a default judgement.
What happens if the tenant “answers?”
If the tenant answers the complaint, a trial is set on the matter within approximately three weeks. At the trial, the landlord will present evidence of the tenant’s breach or failure to pay rent. The tenant can raise defenses, if there are any. If the landlord wins, the tenant will then be removed from the rental property.