In Los Angeles, eviction cases are pretty complicated as strict federal, state, and city laws govern them. As a landlord, you must be extremely careful throughout the process to navigate evictions and ensure favorable judgment.

It's best to be aware of all the legal steps to be prepared and prevent expensive delays and pitfalls. So, let's know all the steps and strategies to handle evictions legally.

1. Identify eviction grounds

You, a landlord, can evict tenants only on legal grounds in Los Angeles. Otherwise, the tenant will have grounds to sue you. So, make sure you're evicting them for any of the following reasons:

  • Rent non-payment: The tenant failed to pay rent within the decided timeframe.
  • Lease term violation: The tenant violated the lease term, including engaging in illegal on-premise activity or bringing pets unauthorizedly.
  • Nuisance: The to-be-evicted tenant is a nuisance to other renters by creating noise, practicing criminal acts, or being violent.
  • No-fault evictions: You want to take property off the rental market, repair it, or want to move in.

2. Consult a legal advisor and serve notice

After identifying the exact eviction grounds, seek a well-known and experienced property attorney los Angeles with a good reputation and win streak.

By choosing a local attorney from Los Angeles, you'll ensure that they're aware and updated about all local eviction laws and regulations. They help you comply with all LA rent control and tenant protection laws, ensuring there's no unexpected lawsuit for you.

With the attorney's help, draft and serve an eviction notice. While you can draft a notice by yourself, any mistake can lead to unnecessary delays or eviction invalidation.

The different types of notices are:

  • Due rent: 3-day notice to pay overdue rent or vacate the property
  • Lease violation: 3-day notice to correct the violation or evacuate the property
  • Tenants staying for 1+ year and for no-fault evictions: 60-day notice to evacuate
  • Tenants staying less than a year: 30-day notice for evacuation

You can either deliver the notice personally or through certified mail. Alternatively, you can post it on a conspicuous zone of the property.

3. File unlawful detainer lawsuit

If your tenant doesn't comply with the eviction notice, take legal eviction steps. Consult your lawyer and file an unlawful detainer lawsuit. This is the beginning of the formal court process. Here are some things you need to do:

  • Fill in all relevant unlawful detainer complaint forms. Your attorney will tell you about the necessary forms, gather them, and help you fill them out.
  • File the complaint forms with the court. You will have to pay a filing fee.
  • The lawsuit papers are served to the tenant via a sheriff or professional process server.

After this, the tenant has a few days to file their response. If they fail to do so, the judgment will be in the landlord's favor.

4. Prepare to deal with the tenant's response

The tenant may comply and vacate or contest the eviction with any of the following defenses.

  • They claim that you, the landlord, don't maintain habitable property conditions. If they prove any neglect or safety concerns on your side, it'll reverse/halt the eviction.
  • They claim that you're evicting them as retaliation against a request for repairs or other complaints, aka retaliatory eviction. This is completely illegal.
  • They challenge it by claiming your notice wasn't clear/proper.
  • They state that there's no valid reason for eviction. If proven, your plea will be dismissed.

There are several other tenant harassment laws they might use against you. Study them and prepare appropriately to deal with such responses.

Collect evidence regarding eviction grounds, such as payment records, lease agreements, photo/video evidence, and any relevant communication with the tenant. Take the case to court.

5. Attend court hearing and wait for eviction

After filing the case, you and the tenant must attend hearings and present your cases. Based on the evidence, the judge assesses the case and rules in either of your favor.

If you win, the court issues a Writ of Possession to let you reclaim your property. This gives the sheriff the authority to remove your tenant from your property.

The sheriff serves an evacuating notice to them. If tenants don't move within said time, the sheriff forcibly evacuates them from your property.

If rent non-payment is involved, the court may issue a judgment for payments. The court suggests other collection methods for further non-payment, including the following.

  • Wage garnishment
  • Bank levies
  • Liens on assets

Conclusion

By understanding the eviction process, you will successfully manage the eviction process and reduce unnecessary delays. So, contact a reliable attorney and get your case sorted!