The unlawful detainer assistants (UDA) at The Eviction Management Company know that every situation is unique and that when it comes to evictions, our clients are often faced with difficult decisions. Our goal is to serve as competent and trusted company and to provide our clients with timely and approved-ready legal documents.
Because we seek to help you achieve the best possible outcome in each of your cases, all eviction-related court calls are included in our fees. Our Team is available to provide the answers you need so that you can be confident that the choices you make are legally sound.
The process varies from county to county in California, but in the counties of Los Angeles, Orange, and Dan Diego, evictions typically follow a 4-step process:
Notify tenants of their breach and demand possession of the Premises (if necessary);
File a Complaint and Summons (Superior Court);
Obtain a Judgment for Possession from the Judge; and
File a Writ of Possession and have the Sheriff schedule a lock-out.
In the event that the tenant(s) do file an Answer to the eviction complaint, this happens in less than 25% of our cases, we will draft and file the Request/Counter Request for Court Trial. The trial should then take place within approximately 20 days. There is no law that states you must hire an attorney to represent you at court trial, unless the a corporation, LLC or Trust is named as the Plaintiff. You may represent yourself, but in the event you wish to be represented by a California Eviction Network-Attorney we will appoint one to you for a flat-fee of $350-$550 for one court hearing. Most court trials conclude in one hearing. One of the landlords or an agent of the landlord must appear at trial to take the witness stand. If you win, we will have drafted for you the Court’s Judgment for Possession.
Register Now to become a client of The Eviction Management Company.
Once you have signed our Companies Representation Letter, we will coordinate with our Intake Specialist to open your file. You’ll receive electronic notification of your request, along with all of the information you’ve provided, and we take it from there to get your eviction(s) prepared and moving forward.
After you’ve submitted an Eviction Filing Request, our staff will process the paperwork, file the Complaint and Summons, and will then either enter default against your tenant or request a court trial.
After you’ve submitted a Writ of Possession Request, our staff will process and file the Writ of Possession for you. We will email you the filed Writ for Possession with instructions for you to take the order down to your local Sheriff’s office to schedule the lockout. The Sheriff will then call you to schedule the date and time for the lock-out to occur. On the datee of the lockout you may change the locks and take full possession of the premises.
Court Trial– If a tenant files an Answer to your lawsuit, our Team will prepare and submit for court filing the Request for Court Trial. The clerk of the court will set the court trial date no more than 20 days out. Either you, Plaintiff, or someone from the management team at the community is REQUIRED to attend all hearings to testify. This should be someone with direct knowledge of the case. Our network-attorney will do all of the talking and take care of everything, but you will need to be there just in case you’re needed to be called as a witness. Remember, you may represent yourself if you rather not hire one of our network-attorneys on a flat fee of around $350.
Demurrer or Motion to Quash – It depends upon the type of eviction you are requesting, but our network-attorney can typically handle the eviction hearing without you having to attend. However, if you are needed for the hearing, our staff will let you know. If you are available to attend the hearing, it would never hurt to be present, just in case the tenant shows up in court and testifies or presents evidence. When this happens, it’s always helpful to have someone from the property there to testify as well. Otherwise, the judge might dismiss or continue the case. If you know that a tenant is going to show up in court, please notify your processor to discuss the matter in advance and plan to attend.
Jury Trial – BIf a tenant files a Request for Jury Trial instead of Court Trial (Bench Trial), because the laws and court procedures are complex in a Jury Trial, we will refer you to an attorney in your area to take over the matter if you wish not to represent yourself in trial.
Simply email us with your request for Dismissal or Vacate with your reason. Your processor will prepare and submit for court filing the appropriate pleadings. Once the court has filed your documents we will close your matter at our office as well.
We do not file Writs for Possession automatically, but rather we file them after you have submitted a Writ of Possession Request by email after judgment for possession has been granted. That way, you will not be charged Court Costs and our service fees for a Writ that you might not have needed.
If you need a Writ of Possession, send us an email and the case will move to your Writ Filed section. A member of our Team will then prepare and e-file the paperwork with the Court, and pay the court costs for you. What this means for you is that for all Writ requests received by noon, we will do our best to get the Writs processed and to the Clerk within 24 business hours. We will electronically submit your Writ to the court for filing.
As we move forward on your eviction matter, we invoice as the matter progresses with costs not covered byb our initial service fees. Those fees could be remote service charges, court run, service to corporate tenant, rush service, court’s filing fees, court’s electronic processing fees, additional eviction notice, court records, and prejudgment claim. You will receive an invoice with a link to pay through our merchant provider, LawPay. Once we receive your payment your matter will move to the next phase of the eviction process.
This all depends on if your tenant decides to contest the matter or not. If the tenant does not respond or contest the matter, possession is granted by default. If the tenant does respond, then possession is granted by the judgment at trial.
How many days from the time the eviction case is filed all depends upon the courts and which California County you are in. California went through a series of court closures a few years ago and some counties basically went from fifteen filing courts to only five which has had a huge impact on the time frame of how long an eviction takes.
Generally, it can take between four to six weeks if the eviction is not contested by the tenant. If the tenant contests the eviction, it can then take between sixty and ninety days.
However, it must be understood that the notice process contributes to the total time the eviction process takes from the time of first serving the notice. In other words, if you serve a tenant a 60 Days Notice to Vacate the time frame for the Unlawful Detainer runs after that 60 days expires.
So how long the eviction process takes is dependent upon when the Unlawful Detainer is actually filed with the court – and depends upon the California County you are in. For example, one week the courts can be backlogged for two weeks. A couple weeks later it’s relatively open. We don’t have control over the court.
The Eviction Management Company assist on serving Corporate tenant on matters relating to the termination of residential or commercial tenancies and any post-Judgment process for recovery of possession of the Landlord’s premises. In order to serve your Corporate tenant our Team needs accurate information of the corporation. You may obtain the required information by going to California Secretary of State and lookup your Corporate tenant. Our Team will need the Corporation name, DBA, Agent of Process Name and Service Address for the Agent. Our Team can assist with this, if needed.
