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Here for "Evictions in Connection with Problem Tenants"
(Courtesy of L/T Services, Inc.)
Timeline for Eviction Due to Non-Payment
of Rent
This timeline is approximate and is an example of an eviction
procedure at its quickest, and is for informational purposes
only. Contact an attorney for more complete eviction advice
and guidance.
· Day 1 - Rent due.
· Day 2 - Rent unpaid. Landlord serves notice:
"3 Day Pay or Vacate."
· Day 3, 4, 5 - Tenant has 3 days to pay the
entire sum. Landlord does not have to accept partial payment,
but does have to accept the rent if it's presented in full
in these 3 days. 3-Day Notices may contain late fees and/or
attorney's fees, but these must also be stipulated in the
rental agreement.
· Day 6 - Landlord now has option of serving
tenant a Lawsuit for Unlawful Detainer (Eviction Summons &
Complaint). This begins the actual legal eviction action.
May be filed in courthouse now or later. If it is stamped
with a number in the upper corner, it's been filed.
May be served a notice with the date of the Order to Show
Cause Hearing
The Summons & Complaint may contain the provision that
the tenant must pay owed monies into the court registry OR
file a certification disputing that point. If that provision
exists, the tenant must act accordingly to avoid a default
judgment.
The Summons may say that the tenant can request that the suit
be filed with the court. The tenant should be aware that as
soon as the suit is filed, eviction will be on the tenant's
record, no matter how the judge rules. This can seriously
affect the tenant's ability to rent in the future.
· Day 13 - Answer due (Response or Notice of
Appearance and Certificate of Service Due).
The date the answer is due will appear on the front of the
Summons
Usually due a week after lawsuit is served
Tenant must turn in copy of Answer to landlord's attorney.
If lawsuit has been filed, a copy ALSO goes to the courthouse
clerk.
If tenant does not file a Response or Notice of Appearance,
a Default Judgment against the tenant is likely.
When tenant files an answer, an Order to Show Cause Hearing
date will be scheduled shortly thereafter (around Day 18).
But this may have been scheduled already (See Day 6).
· Day 14 - Date of Order to Show Cause Hearing
Default Judgment, if no answer was filed.
If the tenant didn't respond to the Summons & Complaint,
he/she may
be automatically evicted. OR
If tenant has responded to the lawsuit, parties go to court.
The judge will hear both sides and rule. If the landlord wins,
the court issues a Writ of Restitution, (the legal papers
to be served by the sheriff ordering the tenant evicted),
and a judgment requiring the tenant to pay landlord's attorney
and court costs, as well as back rent and any late fees. If
the tenant wins, the case is dismissed. However, the eviction
filing will still appear on the tenant's record.
If the tenant is able to pay back rent, court costs and attorney
fees, the tenancy may be reinstated.
Additionally, a judge may send the case to trial.
· Day 14 - Writ of Restitution issued if tenant
loses by default judgment or at hearing.
· Day 15 - Sheriff serves writ.
· Day 19 - First day that Sheriff can enforce
writ --72 hours after writ is served to tenant.
· Day 20 or 21 - Writ is usually enforced. Sheriff
comes and physically evicts tenant. The name and phone number
of the sheriff will appear on the writ. Tenant should contact
the sheriff as soon as possible.
· Day 24 - Sheriff's statutory deadline for
completing eviction.
From Inland Empire Rental Association
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