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Law Firm

Evictions (Unlawful Detainer)

Evictions (Unlawful Detainer) 

Our Office can handle your commercial or residential eviction. If you have a particular legal question, please feel free to call, and an experienced attorney will address your question at no charge.

The unlawful detainer lawsuit is the only legal way to evict a tenant or occupant who refuses to vacate your property. This process applies to residential rentals, commercial rentals, investment purchases, and foreclosure acquisitions.

We is focus on representing owners in the eviction process. Our approach combines cutting-edge legal technology with professional, efficient service. Because of this effectiveness, we’re
able to handle your evictions faster, and for less than the competition.

We encourage our clients to initiate proper eviction steps as soon as possible – time is money.

Lawyers in Lobby
Judge and Gavel

The Notice

California law states that a tenancy may be terminated by proper written notice that is correctly served on the tenant.  Common types of eviction notices are:

Three Day Notice to Pay Rent or Quit

Three Day Notice to Quit

Thirty Day Notice

Three Day Notice to Cure Breach or Quit

Sixty Day Notice

It is important to use the proper forms. If proper notice is not given, it may delay the eviction.

Feel free to give our office a call for legal advice regarding and preparation of all notices.

The Uncontested Case

Once the notice is served on the tenant, upon expiration of that notice, we will immediately file the unlawful detainer case. In the majority of cases, the tenant will not respond to the complaint, and after the time period for the response has expired, our office applies to the court for a “default.”  In effect, you have won the case by forfeit with regard to possession of the property.

In a default case, no appearance by you or the property manager is required.  Our office will handle all the paperwork for you. The paperwork we file at this point is to request that the court issue a judgment for possession only as authorized by law. Once you get possession of your property back, we will work to a judgment of rent that was due to the date of departure by the tenant, including court costs and, in certain cases, attorney’s fees.

Speaking with the Judge

The Contested Case

On occasion the tenant may file a response to the court and contest the unlawful detainer action. We cannot prevent the tenant from exercising her right to have her day in court. Filing a response does not mean the tenant wins the case – it merely means a further delay to the process.

Once our office learns of the answer, we immediately set the matter for court trial on the first available date. Our office will notify you or your property manager of the trial date and prepare you thoroughly for the hearing. It will be necessary for the owner or resident manager to be present at trial to testify regardless of whether or not the occupant appears.

Once we win the trial, we will move to immediately get possession of your property back, including requesting a sheriff lockout. Additionally, we will seek to get a judgment for you that the trial concludes, our office prepares the post-trial judgment packet, which includes judgment of rent that was due to the date of departure by the tenant, including court costs and, in certain cases, attorney’s fees.

As tenants get more sophisticated and educated about their rights and the procedures regarding Unlawful Detainers, it becomes more important to hire an experienced attorney who can quickly and efficiently protect and enforce your rights.  Contact us immediately to expedite the process.

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