Please click on the notice above to view
California Business and Professions Code § 6400.
Landlord Tenant Services (Unlawful Detainer) I provide services to both tenants and landlords.
Convenience is the focus of eviction services for our clients. LRDI staff is trained in the summary eviction process within the state. Private individuals as well as State and National Commercial real estate clients utilize our eviction services with confidence. LRDI understands the importance of notices and eviction requests, and that they must be tended to expeditiously. We offer same day completions if submitted early in the day. We are here to help our clients navigate the process. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create any relationship. Please do not send any confidential information to us until such time as an representative-client relationship has been established. This services we provide are codified at California Business and Professions Code § 6400.
HOW TO EVICT A TENANT
All evictions must begin with the service of a notice. The type of notice that is served to the tenant will be determined by the circumstance, as there are several types of notices that can be used. In most cases the normal Summary Eviction Process is a two (2) step process; however, sometimes it can be three (3) steps, depending of the type of notice.
TYPES OF EVICTION NOTICES
Three (3) Day Notice to Pay Rent or Surrender the Premises: This notice is used for non-payment of rent from tenant and is the quickest method for following through with the actual lockout. This notice requires no other notice and after expiration, landlords can proceed directly to Eviction Filing and Sheriff Lockout.
Three (3) Day Nuisance Notice: This type of notice is used to evict a tenant for something other than non-payment of rent. This can be used for what you consider to be a nuisance. It requires a written reason and has absolutely nothing to do with rent money. Your tenant has three (3) business days to fix the problem. If they do not, you can proceed with the eviction.
Thirty (30) or Sixty (60) Day Notice: This notice applies to landlords who desire the leased property for any reason. This notice has nothing to do with non payment of rent money. This type of notice can be served if your lease agreement has expired or is no longer in effect.
Ninety (90) Day Notice: This notice applies to landlords that provide Subsidized Housing, commonly referred to as Section 8 housing. This notice has nothing to do with non payment of rent money. This type of notice must be served if your lease agreement has expired or is no longer in effect.
WHAT CAN I EXPECT AFTER THE SERVICE OF A NOTICE?
When a notice is served the tenant then has that amount of time to either comply with the notice or move out. If they fail to move out, the Complaint is then filed with the Court and served on the tenant. A tenant has the right to contest the Complaint with the court. Should a tenant file an answer they must do so with the court of jurisdiction within five (5) days from the date they were served with the complaint. Tenants reasons for filing a response can vary. If the tenant files an answer, we request a Court date. The Court will then assign the hearing date. At the hearing a judge will render a decision as to the status of the eviction. If the judge’s decision gives the tenant a specific date & time to surrender the premises, it is important that you follow-up with LRDI so that the Order for Eviction can be obtained from the Court and given to the Sheriff who performs the physical lock-out.
WHEN DOES MY EVICTION GET FILED IN COURT?
After the (3), (30), (60), or (90) day notice has run its course, LRDI will prepare the case for filing of your Eviction with the Court. It is important to note that only the Sheriff can perform the actual lock-out. Evictions are processed in the order that they are received.
WHAT IS THE LEGAL PROCESS EVICTION SERVICE FEE, AND WHAT DOES IT INCLUDE?
For Notices: LRDI fees for notices are based on the property location; ($45.00-$75.00). This fee includes; Document Preparation and Service of Process. An Affidavit of Service is then submitted.
For Evictions: $475.00 for residential and $750.00 for commercial cases. This fee includes the following;
Preparing and filing with the Court; the original Complaint, Pre and Post trial pleadings,Writ of Execution, and Sheriff's Instructions. Please note, our fee does not include Court Filing Fees or Sheriff Fees. All eviction service requests are filed in a timely manner and in the order in which they are received.
WHAT IF MY TENANT MOVES OUT, SHOULD I CANCEL THE EVICTION?
It has been our experience that completing the Eviction process up to and through the Court's award of possession and past due rent is best. A completed eviction provides court documentation to support the Landlord’s legal right to possession of the premises and the ability to collect your past due rent, Sheriff, and Court fees from the tenant(s). Call 831.601.8551 today.
Monterey County Unlawful Detainer Assistant Registration Number Three (3)
I am not an attorney, I can only provide self help services at your specific direction.