Frequently Asked Questions

An “unlawful detainer” lawsuit must be filed and the complaint must be personally served (hand delivered) to each tenant. If the tenant evades service or refuses to answer the door it will take a little longer. The complaint can be served by posting it on the door, but this requires a court order. 

Generally it takes 10 to 12 weeks to evict a tenant in an uncontested case, meaning the tenant does not answer the complaint and the Court enters a default. If the tenant files a response, it takes approximately 14 to 16 weeks. 

If the 3-day notice is based on the non-payment of rent, you should accept money only if it is the full amount owed, and the payment is offered within the 3-day period.  If you accept rent after the 3-day notice expires, you must start the process from the beginning again.

If you get a judgment for possession, the next step is to arrange for a “lockout” of the tenant with the Sheriff’s office.  You must meet the Sheriff at the premises with a locksmith to change the locks. 

Any personal property left behind can be immediately removed and put in locked storage. If the tenant wants the property, you must release it without conditions. You are entitled to collect reasonable storage fees from the owner of the personal property. If the tenant does not claim the personal property you can fill out an "abandoned personal property" form and follow that procedure. See Code of Civil Procedure 1174.

You must send a security deposit itemization form to the tenant within 21 days from when the tenant leaves the unit. You should be prepared to provide the tenant with photos of the unit before the rental period, before repairs/cleaning, and after repairs/cleaning. See Civil Code 1150.5

Yes, but you need to obtain a money judgment (usually included in the unlawful detainer action) and begin the collection process.