How to Serve a Notice to Start an Eviction Lawsuit

04 Sep How to Serve a Notice to Start an Eviction Lawsuit

How to Serve a Notice to Start an Eviction Lawsui? – Everything you need to know as a landlord.

Is your property illegally possessed by your tenant? Are you considering evicting your tenant due to any misbehavior? You must understand all the legal procedures, rights, and obligations before filing a lawsuit, otherwise, you might end up losing it. The tenant may raise any possible mistake in the complaint that would be against you. So, you need to prepare a strong case beforehand. Find out how to server a notice to start an eviction lawsuit.

This article will discuss how to serve a 3-day, 30-day, or 60-day notice to your unlawful detainer as per the law. Remember you can’t evacuate a tenant without terminating the tenancy as per the laws.

What conditions charge a tenant guilty of unlawful detainer?
Under the California Civil Procedure 1161, a tenant is guilty of unlawful detainer and can be served an eviction notice if any of the following conditions are applicable.

1. The tenant is in the occupation of the premises even after the expiry of the tenancy term.
2. The tenant continues the possession, after the default in the payments of rent.
3. The tenant has neglected or failed to comply with other conditions of the agreement under which the property is held.
4. The tenant is creating nuisance, waste, or is using the property for any unlawful purposes.
5. The tenant failed to comply with the surrender notice served to the Landlord.

What is the process to start an eviction lawsuit against the Tenant?

The California Civil Procedure 1162 defines the process of serving an eviction lawsuit against the tenant who is guilty of unlawful detainer. The 3-day, 30-day, or 60-day eviction lawsuit against the tenant can be served by any of the following methods.

Subdivision a – residential tenant
1. By personally delivering a copy to the tenant.
2. By leaving a copy with someone of suitable age and discretion either at the place of residence or work, incase if the tenant is not available at his place of residence, and from his or her place of work.
3. By affixing a copy in a conspicuous place on the property, and also delivering a copy to the person residing there, if the place of residence and business can’t be ascertained. The landlord also needs to send a copy to the tenant by mailing it to the address of the property.

Subdivision b – commercial tenants
1. By personally delivering a copy to the tenant.
2. By leaving a copy with someone of suitable age and discretion at the property, and sending a copy through the mail addressed to the tenant at the address of the property.
3. By affixing a copy in a conspicuous place on the property, and also delivering a copy to the person residing there, if the place of residence and business can’t be ascertained. Address a copy to your tenant and send it to him/her by mailing it to the location of the property.

Now you know how you can successfully serve an eviction lawsuit against your tenant of the property either for 3-day, 30-day, or 60-day by following the California Civil Procedure 1162 if your tenant is found in violation of the conditions under California Civil Procedure 1161.

Contact the Law Office of Aaron Kohanim today to schedule a consultation. You can call us at (310) 861-7506. If you prefer to send a quick message, visit our Contact Us page.

The response above is not intended as legal advice. This response does not create an attorney-client relationship. Legal questions can only be fully answered through consultation with an attorney to whom you give full and accurate details. It is highly recommended that you seek advice from an attorney by setting up a confidential meeting. All who read this answer should not rely on the answer to govern their conduct.