The Awful Detainer: Orange County Evictions Go Electronic!

Real Estate Broker/Owner with Bristar Realty (Realtor/Attorney) BRE: 01005471

In Orange County, California, we have a fancy legal term for evictions:  Unlawful detainers.    AnOrange County Unlawful Detainerd now they’ve gone electronic!   

But not all electronic filings are created equal.  

Unlike regular civil cases, evictions are given priority in the court system.    If all goes well, a property owner can expect a trial in a matter of weeks.    But the fast track to judgment has a price.   Not in dollars, but in sense.     In California, the unlawful dOrange County Unlawful Detainer Attorneyetainer is a foreboding and strict creature.    The slightest mistake may cause a do-over.     

Because we are a land that bends over backward for tenants, property owners must handle these cases with hyper vigilance.     Staying abreast of local, municipal and state rules is critical.

As of January, 1, 2013, Orange County evictionSouthern California Eviction Services must be processed electronically.  It’s mandatory!     

Having handled dozens of these trials in 22 years, this change is delaying access to the judicial system and causing extra expense.     Maybe it’s a growing pain.    I suppose time will tell.

Evictions are closely tied to short sales, foreclosures, and investment property.   In my view, real estate agents should have a rudimentary understanding of the process and a finger on the pulse of recent developments.     It’s not a fun part of real estate, to be sure.

May be we should call them Awful Detainers!

Orange County Landlord Tenant Law Services

                                                 Orange County Evictions Go Electronic ~   Brian L. Sirota, Esq.


Posted by
  • Brian L.  Sirota, Esq.  
  • Broker/Realtor/Attorney
  • Orange County, California 
  • (877) 641-6964  
  • (714) 501-7660

Comments (52)

Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

I agree that realtors should be educated about the eviction process. I tried to find the information about this subject few times, but there are no clear answers. Every time I ended up suggesting a lawyer to take over the problem. Seems it is different in each CA county, right?

Sep 27, 2013 04:46 PM
Michelle Gibson
Hansen Real Estate Group Inc. - Wellington, FL

Brian - Great information!

Apr 03, 2014 10:43 PM
Brian L. Sirota, Esq.
Bristar Realty (Realtor/Attorney) - Orange, CA
For Solutions: (714) 501-7660

Michelle,  I very much appreciate the kind remark, especially so long after posting this blog.  Thank you!  Brian

Apr 07, 2014 04:35 PM
Jon Kolsky
Kolsky Realty & Management - Long Beach, CA
Licensed California Real Estate Broker

Brian L. Sirota, Esq. ~ I agree with you "they need to be called "awful retainers" I know firsthand, being a landlord can be tough, but there's no question about it "the more we are informed, the better off we are. 

Apr 27, 2015 04:03 AM
Larry Johnston
Broker, Friends & Neighbors Real Estate and Elkhart County Subdivisions, LLC - Elkhart, IN
Broker,Friends & Neighbors Real Estate, Elkhart,IN

Hi Brian L. Sirota, Esq. , The way technology is growing, we have to keep our pulse on many changes these days.

May 03, 2015 01:49 PM
Debb Janes EcoBroker and Bernie Stea JD
ViewHomes of Clark County - Nature As Neighbors - Camas, WA
REALTORS® in Clark County, WA

Thanks for the comment on my blog. Good to see you, Brian. :) Hope all is well in the OC world. 

May 04, 2015 01:03 AM
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

haha, it is so true: ''Because we are a land that bends over backward for tenants, property owners must handle these cases with hyper vigilance.   ''

Jan 09, 2016 04:23 PM
Brian L. Sirota, Esq.
Bristar Realty (Realtor/Attorney) - Orange, CA
For Solutions: (714) 501-7660

Inna, sounds like you've got some experience with this.  ;-)

Jan 11, 2016 10:24 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

It's such a foreign concept to me.  Georgia is a non judcial foreclosure state and process has little complications and evictions are rather swift.

Jan 27, 2016 12:29 PM
Patricia Feager, MBA, CRS, GRI,MRP
Selling Homes Changing Lives

In Texas, the greatest risk to all Brokers is Property Management. That's where most of the law suits are coming from. Landlord/Tenant issues are not fun at all!

Feb 25, 2016 02:20 PM
Mimi Foster
Falcon Property Company - Colorado Springs, CO
Voted Colorado Springs Best Realtor

You don't seem to be blogging, but you do seem to be commenting. How ARE you? Hope life is treating you well. Hugs . . . 

Apr 13, 2016 02:40 PM
Roy Kelley
Retired - Gaithersburg, MD

I was looking for your current blogs. I hope all is going well for you.

Feb 01, 2017 08:35 AM
CA COASTAL ESTATES Lauren Selinsky Perez CRS
California Coastal Estates - Aliso Viejo, CA
"Your Real Estate Broker" #oclauren

Such good news that this is now electronic. 

Lauren Selinsky 

Mar 01, 2017 11:58 AM
Roy Kelley
Retired - Gaithersburg, MD

Thanks for visiting my blog. Have a most productive March and your best ever year.

Mar 03, 2017 04:29 AM
Sussie Sutton
David Tracy Real Estate - Houston, TX
David Tracy Real Estate for Buyers & Sellers

I would hate to be a process server.... but i know it put food on the table.

Mar 04, 2017 07:14 PM
Roy Kelley
Retired - Gaithersburg, MD

Thanks for your comments on my blog. It is always good to hear from you.

Sep 12, 2017 06:58 AM
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

So, with this new electronic filing, how long the whole process takes? 

Apr 18, 2018 10:40 PM
John Henry, Florida Architect
John Henry Masterworks Design International, Inc. - Orlando, FL
Residential Architect, Luxury Custom Home Design

Brian, that is very interesting news about how things are done in California.

I don't know when and why this happened but it seems the courts favor the perpetrators who are viewed as 'victims' and landlords are the evil party.  Homesteading in vacant houses was also seen in south Florida during the recession and were a legal entanglement for the homeowners who had temporary financial issues, etc.  Thanks for the info.

Oct 17, 2018 08:57 AM
Wanda Kubat-Nerdin - Wanda Can!
Red Rock Real Estate (435) 632-9374 - St. George, UT
St. George Utah Area Residential Sales Agent

Wanted to thank you for the comment on my blog, Brian. Hope all is well!

Jul 27, 2022 05:48 PM
Ray Henson
eXp Realty of California, Inc. (lic. #01878277) - Elk Grove, CA

We just had to evict a person from my clients rental.  She was not on the lease.  She never paid any rent and she helped cause serious damage to the house.  It took over six months start to finish.  The day of the eviction she asked me for extra time to get her stuff out.  Ha!  I couldn't even say no because I had to protect her stuff and make an appointment with her to come back and get her stuff at a later date, if I did not give her more time that day.  It is a sad day when your property rights are eroded that much.

Jul 30, 2022 07:52 PM