What is the typical process for evicting a tenant?
In California, the process for evicting a tenant typically begins with the landlord providing the tenant with written notice. This notice must provide the name and address of the landlord, the date of the notice, and the reason for the eviction. Reasons for eviction may include breach of the lease agreement, failure to pay rent, or other violations. The notice must be properly served by handing it to the tenant in person or by posting in a visible location on the premises. If the tenant does not move out or take action to fix the issue, the landlord can then file an unlawful detainer lawsuit in court. The tenant must be served documents in the form of a summons and complaint. The tenant then has five days to respond to the court. The tenant can either respond by filing a legal answer to the court or by filing for a claim of right to possession. If the tenant does not respond in time, the court may send a notice of default and the landlord can then win the eviction. If the tenant does respond to the court, a trial may be held to determine if the eviction should go forward. If the judge decides in favor of the landlord, the court will order the tenant to move out and the landlord can then have the sheriff remove the tenant.
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