Overview of the Court Eviction Steps

If the tenant contests the eviction, you must complete the court process to regain the property. Major steps are:

• File and serve Summons and Complaint starting lawsuit
• Tenant files Answer within 5 days or you get default judgment
• Court holds trial within 20 days if contested
• Judge rules if you proved grounds for tenant’s removal
• Obtain Writ of Possession if you win at trial
• Schedule sheriff to supervise tenant vacating property
• Legally remove tenant if they do not move out by deadline

Hiring an eviction attorney can help you navigate the complex legal system. But document everything thoroughly yourself.

Preparing Documentation to Prove Grounds for Eviction

To win at trial, you need compelling evidence justifying the tenant’s removal. Helpful documentation can include:

• Rent payment ledger showing nonpayment
• Letters to tenant regarding lease violations
• Photographs of property damage
• Police reports of disturbance incidents
• Written statements from neighbors about problems
• Any other records or proof related to eviction grounds

Bring at least three copies of evidence to trial – one for you, one for the judge, and one for the tenant.

Serving the Unlawful Detainer Papers on a Tenant

A critical step in the California eviction process is formally serving tenants with the unlawful detainer summons and complaint. Follow proper service procedures or risk the eviction getting overturned later for a procedural defect.

Who Can Serve Eviction Papers on a Tenant?

You as the landlord cannot serve the papers yourself—it must be a third party not involved in the case. Options include:

• The county sheriff’s department civil division
• A registered professional process server
• An adult friend or family member not living with you
• A constable or marshal authorized to do service

Many landlords hire a professional process server to ensure service is done properly.

How to Serve Eviction Papers on Tenants

Ideally, the server hands the unlawful detainer papers directly to the tenant or other adult living at the property. If the tenant is not home, papers can be:

• Left with another adult member at the residence, followed by mailing a copy to the tenant.
• Posted on the property entry and mailed if unable to find any adults at home.
• Tenants served using these “substitute service” techniques have 15 days rather than 5 to respond.

Get the server’s signed Proof of Service form showing compliance with the rules. Submit this to the court when filing the eviction case.

What Comes After Serving the Tenant Eviction Papers

Once served, the tenant has limited time to respond appropriately to the summons and complaint:

• Tenant can file an Answer within 5-15 days contesting the eviction and forcing a court trial.
• Tenant can voluntarily vacate by the deadline avoiding involvement of the courts.
• If no response, you can seek a default judgment to take possession without a trial.

You still cannot remove the tenant or their belongings until legally authorized by a court judgment. Patience is key during this procedural phase.

Fighting an Eviction Case: Tenant Defenses that Can Lead to Dismissal

Tenants facing eviction have legal defenses that could get the unlawful detainer case thrown out if properly presented. Here are tenant defenses landlords should be aware of that could risk dismissal:

Improper Notice to the Tenant

Tenants often succeed in dismissals by showing:

• The notice did not provide proper timelines
• It lacked statutorily required content
• It had incorrect facts, like amount owed
• It was not served to tenant appropriately

Any material defect in the notice can invalidate subsequent eviction proceedings.