Guidance Through the Eviction Process from a Trusted California Eviction Lawyer

For over 40 years, Wallace, Richardson, Sontag & Le, LLP has been a trusted advocate for landlords and property managers, successfully representing clients in thousands of eviction cases across California. With in-depth knowledge of eviction law, we provide expert guidance through every stage of the process, ensuring a smooth, efficient, and legally sound resolution. Let our experienced team navigate the complexities of your case, helping you achieve prompt and effective outcomes. Contact a California eviction lawyer today to learn more.

The Value of Experience

Experience matters—and our track record speaks for itself. With over 100,000 eviction actions litigated throughout California, our firm offers unparalleled expertise in landlord-tenant law and the eviction process. Our unlawful detainer department is home to some of the state’s most seasoned eviction attorneys, making us the preferred choice for large landlords, property management companies, and financial institutions alike.

Many of our attorneys focus exclusively on landlord-tenant law, offering our clients a depth of knowledge and attention to detail that larger, more generalized firms often cannot match. We are committed to delivering the fastest eviction timelines, superior customer service, and the highest quality legal representation. Our dedicated customer service team provides proactive support and weekly status updates for property management companies, ensuring our clients are fully informed throughout the process.

Types of Evictions We Handle

At Wallace, Richardson, Sontag & Le, LLP, we handle all types of eviction cases, including residential, commercial, and foreclosure evictions. Whether you’re dealing with a tenant dispute, commercial lease violation, or property recovery following foreclosure, our experienced California eviction lawyers are here to guide you through the process while ensuring compliance with all legal requirements.

Let us handle your eviction efficiently and professionally, so you can focus on what matters most.

Residential Evictions

Residential evictions are the most common eviction cases. Landlords may need to file an unlawful detainer complaint for reasons such as nonpayment of rent, lease violations, or failure to vacate after the lease term expires. Whatever the reason, our team of skilled attorneys is ready to assist you.

California’s landlord-tenant laws are among the most protective in the nation, offering numerous safeguards to tenants. Our attorneys ensure that all legal requirements are met relating to termination of tenancy, helping landlords avoid costly delays and minimize risk.

Commercial Evictions

Commercial evictions in California differ significantly from residential evictions, offering landlords greater flexibility and distinct advantages under the law. Unlike residential tenants, commercial tenants are presumed to have the experience and resources to protect their own interests. This assumption allows for more negotiable lease terms and a different set of legal considerations in the eviction process.

Under California Code of Civil Procedure Section 1161.1, landlords pursuing eviction actions for nonpayment of rent against commercial tenants benefit from specific legal advantages. For instance, while residential landlords must provide an exact amount of rent due in a notice to pay rent or quit—where any overstatement could invalidate the notice—a commercial landlord can provide a reasonable estimate of the rent due. Even if the estimate is inaccurate, the landlord can still prevail in the eviction action, as long as it is a reasonable approximation.

Additionally, unlike residential evictions, commercial landlords may continue an eviction after accepting rent payments following the service of a notice to pay rent or quit. Furthermore, there is no implied warranty of habitability for commercial properties, which simplifies the legal landscape for landlords.

While these advantages provide a favorable framework for landlords, each commercial eviction case presents unique challenges. Navigating the complexities of commercial leases and eviction procedures requires experienced legal counsel to ensure compliance with contractual obligations while effectively pursuing eviction actions.

Foreclosure Evictions

When a property is foreclosed, the new owner may be entitled to serve a Notice to Quit on any residents. Former owners are entitled to a three-day notice before legal action can proceed. Tenants must be given 90 days’ notice before being required to vacate the property. However, tenants with a fixed-term lease signed before the foreclosure sale are generally allowed to remain in the property for the duration of the lease unless there are specific grounds for eviction. Additionally, certain tenants may have additional protections under local ordinances or state law, such as just-cause for eviction protections.

Our firm is highly experienced in navigating the notice requirements and eviction proceedings associated with foreclosure. We ensure full compliance with California’s complex landlord-tenant laws, guiding property owners through each step of the process.

Contested vs. Uncontested Cases

Tenants can respond to an unlawful detainer complaint in different ways, and some choose not to respond at all. Any uncontested eviction occurs when the tenant does not file a response with the court. In contrast, a contested case happens when the tenant files a response, which normally leads to a trial or a stipulated judgment for the landlord.

Uncontested Cases

If the tenant fails to file a written response to the unlawful detainer complaint within the time permitted by law (10 days for personal service, 20 days for substitute service), the landlord is entitled to a clerk’s judgment for possession of the premises. Following entry of judgment, the Sheriff lockout typically occurs about two weeks later. If desired, a landlord may also seek a money judgment by submitting a declaration to the court or setting a hearing. The judgment will cover unpaid rent, holdover damages, attorney fees (if the lease includes an attorney fee provision), and court costs.

Contested Cases

If the tenant files an answer to the complaint, the landlord is entitled to a trial within 20 days after filing of a memorandum to set the case for trial. Most cases settle on the trial date. If the parties agree to a settlement, they may enter into a Stipulation for Entry of Judgment. Typically, the stipulation results in a judgment in favor of the landlord, which may include restitution of the premises, lease forfeiture, past due rent, holdover damages, attorney fees (if the lease so provides), and court costs. If the case does not settle, the case will proceed to trial. Most unlawful detainer trials are brief, lasting approximately 30 minutes, though some cases take several days. While most cases are heard by a judge, either party can request a jury trial. Tenants may request a jury trial as a strategy to delay eviction or increase the cost of the case as part of negotiation tactics.

Motions to Quash

Tenants may file a motion to quash, which challenges service of the summons and complaint. These motions must be heard within 3 to 7 days after filing. During the hearing, the court will consider the testimony regarding service of process. If the motion is denied, the court will typically order the tenant to respond to the complaint within 5 days. If granted, the summons and complaint must be re-served. If the tenant is court, the summons and complaint can be served at the hearing.

Demurrers

A demurrer is an objection to the legal sufficiency of the complaint. In unlawful detainer actions, demurrers are usually filed to delay the eviction process. When a demurrer is filed, we request the court to expedite the hearing and deny the demurrer promptly to prevent unnecessary delays.

Motions to Strike

A motion to strike seeks to remove specific parts, or the entirety, of the complaint. Like demurrers, motions to strike are commonly filed in unlawful detainer action as a tactic to delay eviction. When a motion to strike is filed, we request the court expedite the hearing and deny the motion immediately to avoid delay.

Prejudgment Claim of Right to Possession

If the landlord chooses to use this procedure, a Prejudgment Claim of Right to Possession may be served along with the summons and complaint. In such cases, any person not named in the complaint must file a Prejudgment Claim of Right to Possession with the court within 10 days of being served with the complaint, or they will be barred from contesting the enforcement of the judgment.

If this procedure is not utilized, individuals not named in the complaint may instead file a post-judgment claim of right to possession, known as an Arrietta claim. Filing this claim will delay the Sheriff’s lockout until the matter is resolved.

Contact A California Eviction Lawyer at Wallace, Richardson, Sontag & Le, LLP

Handling an eviction on your own can lead to costly mistakes and significant delays. California’s strict legal requirements must be followed precisely, and failure to do so can result in a prolonged process or even the dismissal of your case. Let our experienced eviction attorneys provide the expert guidance you need to navigate the complexities of the law and protect your rights. With our support, you can ensure a smooth, efficient eviction process from start to finish.

Contact us today to speak with a skilled California eviction lawyer and learn how we can help you resolve your case quickly and effectively.