Eviction Process California is one of the legal processes that the landlord resorts to and tenants face once things between them get ugly. There are a lot of people involved and a lot of processes to go into. There are also a lot of terms that one should understand either she/he is the one being evicted or the one who had someone be evicted. To understand further let us first discuss about the different terms that one might encounter.

So what is the Eviction Process California? Well eviction is the process wherein the can get you to move out legally. If you win this you can stay. It usually starts with an eviction notice then it becomes a lawsuit which is called unlawful detainer or UD. UD is also known to be a summary court procedure, meaning that the action of the court can move forward quickly and gives the tenant a short time to file a response.

Usually, the tenant has 5 days to file a response after being given a copy of the landlord’s summon and complaints. Then within 20 days after the landlord or tenant files a request to set a case trial, the judge will hear and decide on the case. If the court or judge’s decision is in favor of the landlord, they will issue a writ of possession.

This writ of possession commands the sheriff to remove the tenant from the property. The tenant is then given a 5-day notice before it would be lockout and he needs to leave. The good thing is the tenant can still get his stuff after being locked out and while on this process, the tenant does not need to pay rent.

If the tenant refuses to leave after 5 days, the writ of possession allows the sheriff to physically remove and lockout the tenant then takes the tenant’s things he has left at the property. He will also face penalty of up to $600. Then the landlord is now entitled to the possession of his property. If the eviction is caused by the tenant’s failure to pay rent, then the landlord will be awarded the unpaid rent. He might also be awarded with court costs, landlord damages and attorney’s fees.

If the tenant wins then he/she can stay while the landlord refunds the legal costs that the tenant used. When the landlord use unlawful methods to have his tent evicted, the landlord can be subjected to liability for the damages he caused his tenant. By the way, during the UD, the landlord is called plaintiff while the tenant is called defendant.

Meanwhile, there are typical defenses that the defendant might give in the Eviction Process California. One would be the plaintiff’s 3 day notice that requested more rent than what is actually due. Another would be the violation of the implied warranty of habitability in terms of the unit. And another is that the landlord has filed the case as vengeance to the tenant due to the tenant’s exercising his rights or the tenant can complain about the condition of the property.