Fresno Eviction Process

 

Many of my clients often have questions about how the eviction process actually works. The following serves as a rough outline of the process.

 

Creation of the Tenancy

 

To use the summary Unlawful Detainer procedure in California you must first have a specified relationship with the occupant. This is typically a Landlord/Tenant relationship, but it may also commonly be an Employer/Employee relationship such as in the case of an on-site resident apartment manager.

 

Termination of the Tenancy

 

Before the unlawful detainer case may be filed, the tenancy must first be terminated. The way this is done depends on the facts and circumstances in your situation, but it typically requires service of a notice to the tenant.

 

• Common Types of Notices

  • 3-Day to Pay or Quit - Gives the tenant 3 days to pay the past-due rent or move-out.

  • 3-Day to Perform or Quit - Gives the tenant 3 days to perform a covenant under the lease or move-out.

  • 30/60/90 Day Notice to Quit - Can be used to terminate a month-to-month rental agreement, but not a lease.

 

The unlawful detainer can be filed the next business day after the notice period has expired if the tenant refuses to vacate.

 

Unlawful Detainer Case

 

Once the case is filed, the tenant must be served and is provided an opportunity to respond to the allegations.

 

Tenants are only allowed 10 days, excluding Saturdays, Sundays and other judicial holidays, to respond to an unlawful detainer summons. If a response is not filed, a default judgment for possession of the premises may be entered.

 

If a tenant responds the case is set for trial within 20 days. In Fresno County, unlawful detainer trials are handled on Tuesdays at 8:30 am.

 

If a tenant does not respond, the clerk enters default and judgment for possession.

 

Once a judgment for possession is entered the Sheriff will serve the tenant and remove them from your property.