Here’s a broad outline of how evictions must go under California law…

California Eviction Process: A Guide for Landlords in Pittsburg

A landlord needs to give the tenant a reasonable opportunity to cure whatever problem is leading to eviction, whether that be rent that’s in arrears or other shortcomings regarding the obligations of the lease. Depending on the nature of the problem, this notice can be anywhere from 3 days to 60 days. It’s possible the terms of the lease may already dictate how long a period of time should be given in the notice. 

Initial Steps for Eviction: Issuing Tenant Notice

If the issue has not been addressed in the designated time period, the landlord can then file what’s called an unlawful detainer. This is the legal mechanism by which a landlord can move forward with eviction. The tenant must be served with this detainer. Handling service of process appropriately is important to the entire process. California law generally allows a tenant to be served by simply pushing the notice under the door, so long as an attempt was made to knock and do it in person. However, this is another area where the terms of a specific lease must be followed. 

Legal Proceedings: Unlawful Detainer and Court Hearings

A hearing presumes that the tenant chose to contest the notice and filed their own answer to the landlord’s issues. A Pittsburg evictions attorney can then represent their client in court, developing the necessary documentation and other evidence (e.g., photos if there is a property damage issue) to make the case to the judge. 

Finalizing Eviction: Obtaining a Writ of Possession

If the judge decides in favor of the landlord and allows the eviction to proceed, a Writ of Possession will then go to the local sheriff’s office. It will be the sheriff’s responsibility to post the Writ on the door of the property, making clear to the tenant the date that they must be moved out by. If the tenant has not moved out by then, the sheriff’s office can take action. 

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How Long Does the Evictions Process Take?

There are variables in every case. Whether or not the tenant contests the eviction notice plays a large role in how long everything ultimately takes. The schedule of the courts themselves is another factor. If a judge is backlogged, it can take some time for a case to be heard. And the length of time a tenant has to respond to the first written notice will also impact the ultimate timetable. 

Some general guidelines, though, are that once the case is filed in court and the tenant served with papers, an uncontested case will take 1-2 months, while a contested eviction can last 2-3 months. 

Why Choose Conrad J. Kuyawa for Your Pittsburg Eviction Needs

When you work with the Law Office of Conrad J. Kuyawa, you get direct contact with your lawyer, including a cellphone number for convenient access. We’re here to stay on top of every legal detail and give our clients peace of mind in knowing that an experienced professional is carefully watching this process. 

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