Evictions
We can not perform an eviction until the property owner or authorized representative obtains a court order. The standard court order is a Writ of Possession of Real Property (form number EJ-130). You may obtain all the forms needed to complete an Eviction from the California Courts web site.
Process
The eviction process has two steps as outlined below:
- The first step is the service of the five-day “Notice to Vacate”. The “Notice to Vacate” is either personally served on the occupant or posted at the eviction address with a copy mailed to the same address.
- When the five-day notice has expired, the Civil Deputy will contact the property owner or authorized representative to restore the premises. At that time, the Civil Deputy will review both the required and recommended steps to complete the eviction process.
- Our Civil Deputy will provide the property owner or authorized representative with the “Eviction Restoration Notice.” The “Eviction Restoration Notice” describes the penalties for unlawful re-entry of the property. It also describes the rights and responsibilities of the property owner or authorized representative as to personal property left on the premises.
Service
Evictions are contingent on the Civil Deputy’s availability and are carried out on Mondays, Tuesdays, Thursdays, and Fridays. For example, if the final restoration falls on Saturday at midnight, Monday will be the earliest day that the restoration may be scheduled.
We need the following items to begin the eviction process.
- The original Writ of Possession of Real Property and 3 copies
- Letter of instruction with the following items:
- If security measures prevent access (i.e. locked gate or door, etc), we need the name and contact person for service of the Notice to Vacate
- Name and contact number for property owner or authorized representative for restoration of property
- For the safety of all parties, please include any knowledge of the following:
- Aggressive pets in or around the residence
- Inhabitants with a history of violent behavior
- Presence of children, elderly, or mentally and/or physically disabled individuals
- Possession or history of weapons, harmful substances or other hazards
- Payment of $125 fee
DISCLAIMER
ALTHOUGH WE STRIVE TO MAINTAIN THE ACCURACY, COMPLETENESS, AND TIMELINESS OF THE INFORMATION FOUND ON THIS SITE; WE CANNOT GUARANTEE ALL OF IT. THE INFORMATION HEREIN SHOULD BE USED ONLY AS A GUIDE, AND SHOULD NOT BE CONSTRUED AS LEGAL ADVICE.
