EVICTION

Eviction Eviction

EVICTION


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EVICTION

Eviction Notice

We Prepare and Serve Notice Same Day. It Is Extremely Important To Rely On Professionals To Prepare And Serve The Notice.

Unlawful Detainer

Our Team Of Registered Unlawful Detainer Assistants and Cooperating Eviction Attorneys, Have Years Of Experience Evicting Tenants Fast.

Eviction Process

The Eviction Notice and Unlawful Detainer Forms Are Completed Online. We Keep You Informed Every Step Of The Way!

EVICTION NOTICE PROCESS

Steps 1 – 3

  • 1. Complete the intake form online and submit payment.
  • 2. We prepare the eviction notice and email it to you for e-signature.
  • 3. Once the notice expires, you can proceed with filing the Unlawful Detainer.

UNLAWFUL DETAINER PROCESS

STEP 4 - 10

WHEN NOTICE EXPIRES

  • 4. Complete intake form, to proceed with the Unlawful Detainer.
  • 5. We prepare the unlawful detainer forms for e-signature.
  • 6. We file the unlawful detainer with the court and serve the Defendant (s).
  • 7. Once the Defendants are served we inform you exactly how many days they have to Respond.
  • 8. If the Defendant doesn’t Respond, we request for Entry of Default Judgement.
  • 9. If the Defendant Responds, we Request to Set for Trial.
  • 10. We deliver the writ to the Sheriff’s Department and schedule the lockout.

Eviction Notice

  • We Prepare And Serve.
  • 3 Day Notice to Pay Rent Or Quit
  • 15 Day Notice to Pay Rent Or Quit
  • 30 Day Notice To Vacate
  • 60 Day Notice To Vacate
  • 3 Day Notice To Perform Covenant Or Quit
  • 3 Day Notice To Quit

$149

Eviction Services

  • Registered Unlawful Detainer Assistants, prepare all court forms, file, and serve, all occupants. If the other party responds you can represent yourself in court or hire one of our cooperating attorneys.


$499

Superior Court Filing Fees

  • Individual Owner
  • $240
  • Writ Of Possession
  • $40
  • Sheriff Lockout Fee
  • $145


Lockout Agent

  • Includes meeting the sheriff at the property the day of the lockout and changing all the locks.

$399

FOR MORE INFORMATION

CONTESTED EVICTION

Do You Want To Be Represented In Court?

Cooperating Eviction Attorney $389

Includes 2 Hour Trial Appearance


From start to finish, we prepare and file all the necessary forms for an uncontested eviction and unlawful detainer. Above all we prepare all the trial documents, if the case must be set for trial. You also have the option to hire a cooperating attorney, within our attorney referral network, to represent you in court or you can choose to represent yourself in court, should the eviction become contested. Fee above includes a 2 hour trial appearance. Attorney’s rates may vary depending on location or circumstance.

KEEPING YOU INFORMED EVERY STEP OF THE WAY

Local Eviction Specialists, 10+ Years In Business, and Affordable Rates.

Uncontested Eviction Price Includes: Preparing, Court Filing Service, and Up to 5 Attempts to Serve All Tenants and Unnamed Occupants for Premise Only.
There may be an additional fee of $99, added to your service request, if required by our court server. If we must apply for an Order to Post, there is an additional $139 fee.

Terminate Tenancy

This can be done many different ways, depending on the circumstances. Terminate the Tenancy by preparing and serving a 3 Day Notice To Pay Rent Or Quit, 15 Day Notice To Pay Rent Or Quit, 30 Day Notice, 60 Day Notice, 90 Day Notice, or 120 Day Notice. Serve the tenants properly, with the correct notice, and once the notice has expired the landlord can file a lawsuit for an Unlawful Detainer. Above all, we always highly recommend all landlords hire a professional to prepare and serve the notice to vacate.

A landlord should never rely on a notice that has not been prepared and served by a professional. It is very important that a landlord understands the negative impact a faulty notice to vacate can have on the entire eviction process. In most cases landlords will have to re-file the entire complaint and have to start the entire process all over again.
Even if a landlord is knowledgeable how to prepare the required court forms, they may not be up to date with current laws.

Hiring LDA PRO for Eviction Services, will save you time, money, and heartache!

California State Laws For Just Cause Eviction and Rent Cap.

The Tenant Protection Act of 2019, aka AB 1482. ("TPA") The COVID-19 Tenant Relief Act of 2020 ("CTRA") requires that residential tenants who are natural persons can only be evicted "for cause" whether or not the property is covered by or exempt from the TPA.

AB 1482, also called the Tenant Protection Act of 2019 Applies statewide rent control to specified properties. The new law affects both rent increases and just cause evictions. The COVID-19 Tenant Relief Act of 2020 ("CTRA") requires that residential tenants who are natural persons can only be evicted "for cause" whether or not the property is covered by or exempt from the TRA.

Rent Caps

The new law limits the amount that rent can be raised. It states that the rent increase for a 12-month period cannot exceed 5% + percentage change in the cost of living over the previous year’s Consumer Price Index. It also cannot exceed 10% total. Additionally, the landlord is prohibited from increasing the rental rate in more than two increments over a 12-month period. The gross rental rate will not include rent discounts or credits, incentives, or concessions. While gross rental rate is left undefined, it’s advised that any and all fees charged by the landlord (pet rent, utilities, or month to month fees) be included in the gross rental rate. To calculate the maximum allowable increase over the allowed 5%, refer to Civil Code §1947.12(g)(2) which reads:

“Percentage change in the cost of living” means the percentage change from April 1 of the prior year to April 1 of the current year in the regional Consumer Price Index for the region where the residential real property is located, as published by the United States Bureau of Labor Statistics. If a regional index is not available, the California Consumer Price Index for All Urban Consumers for all items, as determined by the Department of Industrial Relations, shall apply.”


Just Cause Provisions

Beginning on January 1st, 2020, California Civil Code 1946.2 states that after 12 months, a tenancy can only be terminated for a specific set of reasons.

Under the statewide law, there are two different types of of just cause eviction: At-Fault and No-Fault. Per local City and County rules, certain types of properties are exempt from just cause eviction rules. Most all single family residences are exempt. Multi family residences may be exempt, if property is outside of the city limits and built after 1994.


At Fault Reasons

For any curable just cause reason, you must give notice of a violation with an opportunity to cure such as 3 Day Notice to Pay Rent or Quit or a Notice to Perform or Quit.

Default in the Payment of Rent

Tenant fails to pay rent as stipulated in the lease agreement and any Notice to Pay Rent or Quit has expired. You can begin the unlawful detainer.

Breach of a Material Term of the Lease

As described in the Code of Civil Procedure §1161, subdivision 3, including (but not limited to) violation of a lease provision after being issued a written notice to correct the violation. If the condition is curable, such as removing an unauthorized pet or roommate, a Notice to Perform Covenant or Quit must be given.

Nuisance Activity or Waste

This is when the tenants are causing serious damage or harm to the property or common areas. It applies to neighboring units as well, i.e. if they are damaging surrounding areas and units or creating excessive noise and refusing to comply when asked. Further outlined in Civil Code 1161 subdivision 4, if the offense is curable, a Notice to Perform Covenant or Quit must be given.

Criminal Activity

Criminal activity or criminal threat by the tenant to the property, including any common areas, as defined in subdivision A of Section 422 of the Penal Code. Applies on or off the residential property, that is directed at any owner or agent of the owner of the residential real property.

Assigning or Subletting

If the tenant is subletting their room or unit and it is not allowed in the lease, they are subject to eviction. The same applies in the instance of assigning the lease (transferring the lease to another party).

Refusal to Provide Access

This occurs when you are trying to enter the home, whether it be for an annual inspection or to show the property for sale, and the tenant refuses access to the home, despite the notice they were given. Landlords are allowed to enter the home for a set list of reasons and if the tenant continually denies access despite getting written notice and they refuse to reschedule, their lease can be terminated.

Failure to Vacate and Deliver Possession

If the tenant does not give back possession of the property despite signing a written notice to vacate, they are subject to eviction.

Refusal to Sign Lease Under Similar Provisions

The tenant had a written lease that terminated on or after January 1, 2020, and after a written request or demand from the owner, the tenant refused to sign a written lease renewal for an additional term of a similar duration with similar provisions.

Unlawful Purpose

Using the property for an unlawful purpose (defined in Civil Code 1161 subdivision 4) is grounds for eviction.

Employee, Agent, or Licensee Failure to Vacate

The employee, agent, or licensee’s failure to vacate after their termination as an employee, agent, or a licensee as described in Code of Civil Procedure §1161, subdivision 1.


No-Fault Reasons

For no-fault evictions, the tenant will be entitled to relocation assistance equal to one month’s rent. Most landlords will satisfy this requirement by waiving in writing the tenant’s obligation to pay the final month’s rent.

Intent to Demolish or Substantially Remodel

If the home is going to be uninhabitable for a long period of time due to major repairs or renovations, you are able to terminate the tenant’s lease.

Withdrawal from the Rental Market

If you plan to withdraw your property from the rental market altogether, you can terminate the tenant’s lease.

Owner or Relative Occupancy

If the owner or their relative plans to move back into the home, the lease can be terminated.

Government Order

If there is a local, court, or government order to vacate the property, the tenants must comply.

Property Is For Sale.

Escrow must be opened and buyer must be in contract to occupy the home as owner occupied.

How it Affects Existing Local Ordinances

The local government has determined their ordinance to be more protective thanthe state provisions.

The Civil Code 1946.2 will also not apply if has not been in possession of the property for more than 12 months and it will apply if an additional tenant is added ONLY if:

All tenants have consistently and lawfully occupied the property for 12 months or more.

FOR MORE INFORMATION



Unnamed Occupants

Do you believe there are any unknown occupants? It’s strongly suggested to serve all unknown occupants with a Prejudgment Claim, at the same time the tenant gets served the lawsuit. When you use this option,you will have to wait ten days from the date of service, rather than the usual five days to Request for Default Judgment against the unnamed occupants.
The extra 5 days gives you the peace of mind that the eviction process will not be prolonged at the last minute by an unknown person, who claims to be a tenant. A Prejudgment Claim to Right of Possession can only be served by a Registered Process Server. If a Prejudgment Claim to Right of Possession was served properly, this allows the Sheriff to perform the lockout on everyone who is occupying the premises.

Request For Default Judgment

After the proper amount of time has been allowed for the tenants to Respond to the lawsuit, which is 5 Days for tenants personally served and 15 days for tenants substitute served, you can Request For Default Judgement if the tenants or unnamed occupants haven’t filed an Answer. The landlord will be issued the writ of possession to schedule the sheriff lockout.
The Writ of Possession needs to be delivered to the sheriffs department to schedule the lockout. The Sheriff will post the lockout notice approximately 5 days prior to lockout, allowing the tenant to apply for a Stay Order, to delay the lockout process or schedule a hearing. Once the lockout has finally occurred, as a landlord you must give the tenant up to 14 days to retrieve all belongings from the property after the sheriff lockout has occurred. Also the landlord should have a locksmith available to change the locks immediately.

Request To Set For Trial

Our Eviction Services in Sacramento are for Landlords only. If the tenants have filed an Answer, you must Request To Set Case For Trial. The trial is usually about half an hour. The court usually schedules the trial within 2-3 weeks. The Request To Set Case For Trial, must be served to the tenants via U.S. mail. Be sure to arrive early to your court date, with copies of all your paperwork.
Our network of cooperating attorneys will represent you in court for a discounted rate. The judge will review your paperwork for accuracy, hear all the facts in the case, and decide if there are any issues that must be addressed. If the verdict has been rendered in your favor you will be able to obtain a Judgment and Writ of Possession, after filing all the proper documents for an Unlawful Detainer in Sacramento County Superior Court.

Uncontested Eviction

1. A landlord may evict a tenant for non payment of rent.

2. If there is a lease violation.

3. If your tenant has unauthorized animals on the premises.

4. If your tenant has extended guests or unapproved occupants.

5. You can evict your tenant if they have allowed someone else to rent the property.

6. You can evict your tenants if you receive a fine because of noise complaints.

7. Property Damages

8. If your tenant is involved in any drug related crimes or activities you can evict.

9. If you’re lease with the tenant has expired you can evict.

10. Finally, if you’ve served a Notice to Vacate that has expired and tenants have not moved out of the property.

Contested Eviction

After filing the unlawful detainer your tenant has 5 days to respond to fight the eviction case, if they are personally served. When serving a Prejudgment Claim to Right Of Possession there is a 10 day waiting period. If the tenants are substitute served, they have 15 days to respond. If tenants respond this now becomes a contested eviction.

Uncontested Eviction

An uncontested eviction is when the tenant fails to respond to the unlawful detainer. If so there is no need for a trial date to be set. This makes the eviction process much smoother.

Landlord Rights

All Landlords have rights to collect rent from tenants, enter property for inspections, repairs, and alterations. (If given notice to tenant within reason). You have the right to evict tenants to who fail to pay rent or comply with their rental or lease agreement.

You have the right to set lease terms, for example: Pet Policies, Rent Amount, or Number of Occupants. Depending on your lease agreement you may have the right to increase rent. If Tenants have done damage to your property which you believe is beyond “fair wear and tear” and the tenants refuse to pay or fix the repair themselves, you are entitled to retain the sum of money from their deposit to cover the cost.

Why Utilize Our Eviction Services?

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