Legal Support for Landlords in CA

Sometimes, landlords need to evict their tenants. Eviction can be complex, but our law office can help make it go as smoothly as possible. Law Offices of Andrew H. Griffin III has been advocating for landlords and property managers since 1983, so we can provide trustworthy legal counsel for all landlord-tenant disputes. 

We understand that this is a difficult time for you; our El Cajon eviction attorneys will keep you in the loop by providing frequent updates on your case and making all your documents easy to access. 

We can assist with the following:

• Unlawful detainer actions (eviction proceedings)
• Rent increases

Download Attorney Griffin's free Eviction E-Book: The Eviction Process

Step-by-Step Eviction Process in San Diego Explained

Below is a general overview of the eviction process in San Diego. If you are in the midst of an eviction right now, get in touch with an experienced eviction lawyer in El Cajon at Law Offices of Andrew H. Griffin III as soon as possible. 

The eviction process involves specific deadlines and timelines. Speak with a real estate attorney today for guidance on your situation.

The eviction process typically involves the following key steps:

1. Deliver Proper Notice to Quit: The landlord must serve the tenant with a written notice to quit, stating the reason for the eviction. The type of notice required depends on the specific circumstances, such as non-payment of rent, lease violation, or expiration of a fixed-term lease.
2. Unlawful Detainer Lawsuit: If the tenant does not comply with the notice to quit or refuses to vacate the premises, the landlord can file an unlawful detainer lawsuit in court. This initiates the legal eviction process. The tenant typically has 5 days to respond.
3. Summons and Complaint: The landlord serves the tenant with a summons and complaint, which officially notifies them of the lawsuit and provides an opportunity to respond. The tenant has a specific timeframe to file a response with the court.
4. Court Hearing: A court hearing is scheduled where both parties present their arguments and evidence. The judge will evaluate the case and make a decision based on the merits and applicable laws.
5. Judgment and Writ of Possession: If the landlord prevails in court, a judgment for possession will be issued. The landlord can then obtain a writ of possession, allowing law enforcement to physically remove the tenant from the property if they do not leave the property within 5 days of the writ being issued.
6. Eviction and Lockout: The writ of possession is executed by law enforcement, who will carry out the eviction and remove the tenant from the premises. The landlord can then change the locks and take possession of the property.

Understanding San Diego's New Eviction Legislation

Under the CA Tenant Protection Act of 2023, tenants are entitled to one month's rent for relocation aid. Still, this new San Diego law provides up to two months' rent for any "no-fault" terminations. There are also new rules for language in any 60-day termination notices.

Defining "No Fault" Eviction Grounds in California

In California, landlords can evict tenants for "no-fault" reasons, even if the tenant has paid rent and complied with other rules. "No fault" reasons include: 

• The owner moves in
• The landlord makes substantial repairs or remodels the unit
• The landlord intends to demolish the unit
• The landlord withdraws the unit from the rental market
• The landlord complies with a court or government agency order that requires the tenant to leave

Timeline After Receiving an Eviction Notice in California

In California, a tenant has five days to vacate a rental unit after receiving a Writ of Execution.

After a landlord reserves the sheriff's services, the sheriff will serve the tenant with a Notice to Vacate.

The sheriff usually posts the notice on the dwelling for three to 15 days.

If the tenant doesn't move out within five days, the sheriff can forcibly remove them and their belongings from the rental.

It is essential to follow the proper legal procedures and adhere to California's landlord-tenant laws throughout the eviction process. Hiring an experienced eviction lawyer at Law Offices of Andrew H. Griffin III in El Cajon, can provide you with expert guidance and representation. With their extensive experience and bilingual capabilities, they can navigate the complexities of eviction cases effectively. 

Contact Our El Cajon Eviction Attorneys for Expert Legal Helponline or call (619) 853-3009.