Fresno Co. Evictions_the eviction process

The Eviction Process (please read and understand before contacting us)

Disclaimer: These instructions are for landlords without attorneys and are not for commercial tenants or Section 8, which have special rules. The following information is for uncontested unlawful detainers. Uncontested means that your Tenant does not file an Answer (or other responsive document) to the court action. Contested means the Tenant files an Answer (or other responsive document) to the court case. Unlawful Detainer actions can be complicated and the requirements are strict. If the procedure is not correctly followed, the landlord may be sued and/or the court may dismiss the action. The Fresno Superior Court Self-Help Center recommends seeking legal advice from an attorney.

Who Can Sue

The landlord, successor, or property management company (if there is a written agreement with the owner to sign the lease) may file an Unlawful Detainer action. If the landlord [or property manager] is a corporation, the corporation may not represent itself and must hire an attorney.

How To Get Started

Before a landlord can bring a court action to evict the tenant(s), the landlord must have the tenant(s) properly served with notice. Below are the different types of notices. Notice forms must be written and state the complete address of the property.

If the notice gives the tenant an option of complying with a condition (such as paying rent or vacating the premises), the notice must contain the name, telephone number, address, name of the person authorized to receive payment, hours available to receive payment, and method of payment. Notices are available at large stationary stores, or can be prepared by an attorney.

3-day Notice to Perform Covenant or Quit: Serve this notice if tenant is violating the agreement. The tenant must correct the problem within three days or move. Example: the agreement states no pets, and tenant now has a dog. The situation must be remedied in the stated three days. If on the fourth day the tenant doesn’t correct the problem, you may file your unlawful detainer action to evict the tenant.

3-day Notice to Quit: Serve this notice if landlord wants tenant to move and there is nothing the tenant can correct to remain on the property. Landlord would use this notice if tenant has sublet the property in violation of the agreement, or if tenant is doing something illegal on the property. If the tenant is doing something dangerous or illegal, you should consult an attorney for advice.

3-day Notice to Pay Rent or Quit: Serve this notice if tenant is not paying rent. Use this notice if you don't necessarily want your tenant to move, but want tenant to pay rent.

30-day Notice of Termination of Tenancy: Serve this notice when the Landlord wants to evict the tenant for any reason. Landlord does not need to state a reason why the tenant must move. NOTE: If there is a lease for a fixed term, please seek legal advice because the landlord may be liable for damages.

60-day Notice to Termination of Tenancy: Serve this notice if the tenant has been in possession of the property for longer than one year and the Landlord wants to evict the tenant for any reason. NOTE: If there is a lease for a fixed term or the tenant has been in possession in excess of one year, please seek legal advice because the landlord may be liable for damages.

How To Have Tenant(s) Served With Notice

The above notices are served on each tenant. A sheriff, registered process server, or any person who is at least 18 years of age, and not a party to the action may complete Service. If the action is contested, a proof of service will not be relied upon at trial to prove the notice to quit was served in accordance with the requirements of law. The testimony of the person who served is required, unless service was made by a sheriff, marshal, or registered process server.
Personal Service: Each tenant is served by having someone personally hand the notice to each tenant(s). The person serving the notice must complete a Proof of Service.
Substituted Service: If the tenant(s) cannot be found, the server must make at least three attempts to serve the tenant(s). Two of those attempts may be on the same day at different times. If the server is still unable to locate the tenant(s), the server can give the documents to anyone at the residence who is over the age of 18. The server will need the name of that person served for the Proof of Service.
The server must then mail a copy of the notice to the tenant(s) at the property address.
Posting and Mailing: If the server is unable to find the tenant(s) or anyone else at the property and doesn’t know where the tenant(s) work, then the server can post the notice on the door of the residence and mail the notice to the property address. There must have been at least three documented attempts to personally serve the tenant(s) before serving the notice in this manner.

NOTE: If you are attempting to serve the Summons and Complaint by posting and mailing, you must get a court order allowing you to do so. This does not apply to the Notice, only the Summons and Complaint (see below).

Where To File

If the tenant does not resolve the issue (depending upon the type of notice) after the time stated in the notice has expired, landlord can file an Unlawful Detainer action with the proper court, which is determined by the zip code of the location of the property.

What To File
Prepare the Summons, Complaint (attach a copy of the notice, proof of service of the notice, and a copy of the lease agreement), and the Civil Case Cover Sheet with copies. The amount of copies required will depend on the amount of tenants. For example, if you had two tenants, you would need the original and three copies. The court will keep the original and return the copies to you. One set of copies is for your records. The other copies are for the tenants (each tenant must be served). You must also provide stamped envelopes to the court (one envelope addressed to “All Occupants” and one additional envelope for each named defendant) addressed to the property address. For example, if there are two tenants residing at the
property, you must submit three envelopes. Once the summons and complaint are filed with the court, this matter must be resolved within 45 days (unless the court orders something different) or the court may dismiss your action. Next, the Summons, Complaint, and a blank Answer must be served on each tenant in a manner mentioned above. If you believe there may be other people residing in the residence that are not named in the complaint, you must serve a Prejudgment Claim of Right to Possession. Serving a Prejudgment Claim of Right to Possession will extend the time you have to wait before proceeding. Please seek legal advice regarding service/procedure when using this notice. You must have the tenant(s) served with the Summons and Complaint within fifteen (15) days from the date the unlawful detainer was filed. A proof of service must be filed with the court (unless the tenant(s) file an Answer). If a Prejudgment claim of Right of Possession was also served (or posted), you must have a proof of service for the Prejudgment claim of Right of Possession. NOTE: If the whereabouts of the tenant are unknown after the filing of the Summons and Complaint and the landlord wants to serve the Summons and Complaint by posting, the landlord must obtain a court order prior to posting and by mailing of the Summons and Complaint, not the notice. If service was performed by posting, the application for “service by posting” must be filed. The Service by posting is a separate packet that may be purchased from the Self-Help Center.

What Is Next In The Uncontested Case
If the tenant(s) were personally served, the tenant(s) have at least five days to file their Answer to the unlawful detainer. A Landlord cannot file a Request for Entry of Default until at least five days after the date of service (10 days from the date of mailing if a Prejudgment Claim of Right to Possession was also served). The day of service and holidays are not counted. If the fifth (or 10th) day falls on Saturday or Sunday or a holiday, the landlord must wait until the 2nd business day to file the Request for Entry of Default. If the tenant was served by substituted service or posting and mailing, landlord must give the tenant 10 additional days (plus the time stated in the notice) to respond. You should seek legal advice. Next, prepare your Request to Enter Default, Declaration for Default, Judgment, and Writ of Possession. Once the Writ is issued, you must take the Writ and a letter of instruction to the Sheriff’s Department. The sheriff will serve the Writ and the tenant(s) are then given five days before the sheriff will evict the tenant(s). The landlord must be present to change the locks at that time.

What is Next In A Contested Hearing

If the tenant(s) file an answer or a Prejudgment Claim of Right to Possession, the case will be “at issue” and the parties will have to either agree to new terms or file a Request/Counter Request To Set Case For Trial (form UD-150). The hearing will be held where each party will testify as to the circumstances. The judge will make a decision and a judgment will need to be prepared. Seek legal advice (see below).

Referral
The Fresno Superior Court Self-Help Center strongly urges you to seek legal advice from an attorney. Please note this office does not represent you or your interests in any matter. If you would like legal advice or to be represented in this or any other matter, please contact a private attorney. The Attorney Referral and Information Service of the Fresno County Bar Association can help refer you to a private attorney who will discuss your case for one half an hour for a fee of $30.00. Their telephone number is (559)264-0137.

(THIS IS NOT INTENTED AS LEGAL ADVICE. THIS GENERAL INFORMATION WAS TAKEN DIRECTLY FROM FRESNO COUNTY SUPERIOR COURT WEBSITE)

Eviction Flowchart

CA Dept. Consumer

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