You should consider working with an Orange County eviction attorney when going through the unlawful detainer process. The process is confusing, requires going through many steps, and necessitates meeting certain legal formalities. Here is a general overview of five steps of the unlawful detainer process:
- Start the Unlawful Detainer Process. Youâll have to complete several forms to get the unlawful detainer process started. This can include the Summons, the Complaint, and the Civil Case Cover Sheet. You may also be required to fill out certain forms required by the local court.
- File the Complaint. Take the completed forms mentioned above to the county courthouse where the property is located. Expect to pay court filing fees.
- Serve the Unlawful Detainer Papers and File Proof of Service. Youâll need to serve the papers to the tenant. This can be done by either giving the papers directly to the tenant, or your Orange County eviction attorney can explain other valid methods. If the papers are properly served, you must file the completed and signed Proof of Service with the court clerk.
- Wait for the Tenant to Respond. The tenant will typically have a certain number of days to respond to the complaint. The number of days the tenant has to respond depends upon how the tenant was served. If the tenant does not respond, you may be able to evict him or her. If the tenant responds, the case may go to trial.
- Trial. You will request the court to set the case for trial and the court clerk will notify you of the date and time of the trial. The trial should take place within 20 days. Youâll need to prepare for trial and have all the documents and evidence needed to support the eviction. A judge or jury will then determine if you can evict the tenant.
- Contact an Orange County Eviction Attorney
Evicting a tenant is a formal, legal process. If you have any questions regarding evicting a difficult tenant and the unlawful detainer process, contact Schiff & Shelton, Attorneys at Law, at (949) 417-2211.