How to Evict a Tenant in Santa Cruz County?

A Landlord, who has a tenant, who hasn't paid her for more than a year and the BofA bank has issued a Notice of Default. Landlord is related to tenant. She is now in foreclosure on that home, and facing foreclosure on her primary residence.  BofA services both loans and demands that Landlord remove tenant immediately and start a Short-Sale on that home before they will consider a Loan Modification on her primary home.

Here is a quick overview of how it works and the 3 people that provided the services.

If you are a Californian resident and wish to evict your tenant, then you should be aware of the strict California State statutes governing the evictions. This eviction law enforces strict guidelines for a landlord to evict a tenant. Follow these tips when you want to evict your tenant in California.

Mutual Adjustment

Any dispute can be resolved through discussions between the concerned parties. Hence, you will have to start a discussion with your tenant before you go for any legal proceedings. You can find the reasons for their behavior and do certain adjustments in the rent or lease period. When these are not possible, you may issue a time period for them to evacuate your property.

Eviction Notices

As per the California's laws, you have to decide on the type of eviction notice to be issued to the tenant. If the notice issued is irrelevant your tenant can use this point in his defense to cancel the eviction. There are various types of notices for different reasons. Some of the common types are 3-day notice to pay or quit, 30-day notice, 60-day notice and 90-day notice.

File for Eviction

At the end of the notice period, you can fill a civil court coversheet, summon for the tenant and an unlawful detainer complaint and submit them in the Superior court of California. A copy of all these must be submitted to the clerk of this court.

Process Server

You will have to hire a process server to issue the copies of the complaint, summon and notice of eviction to your tenant whom you want to evict. Notice period varies for different faults. Once the server issues these documents to the tenant, he or she will sign the Affidavit of Service and this signed document has to be submitted to the Court Clerk.

Start Eviction Proceeding

You will have to wait for 5 days as per the California's eviction laws before the tenant sends answers for your summon. After receiving the answer, file a memo with clerk's office to start the case. If the tenant fails to send answer within 5 days a default judgment is given in your favor.

Getting Legal Aid

The eviction statutes of California are very strict and committing a mistake in the process may cost you heavily. Hence, you should approach an attorney who has experience in California's eviction laws to evict your tenant. This not only ensures that you go as per the guidelines but also help you to win the case in your favor if you are legally correct.

Ernie Fox : Eviction Attorney

Ste 230, 555 Soquel Avenue
Santa Cruz, CA 95062-2340
(831) 427-2114

Gloria Kessel : Legal Document Preparer

289 Water Street
Santa Cruz, CA 95060-4009
(831) 460-1940

Legal help for those with a little Income

501 Soquel Avenue
Santa Cruz, CA 95062-2322
(831) 458-1089