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California Eviction Process FAQ Landlords must give the tenant 30 days to move out if they have lived in the unit for less than one year or have a month-to-month lease. Otherwise, 60 days' notice is required for tenants who have resided in the apartment for more than one year.

Ask for more time to move. If you lose your eviction case, you need to move out (at the latest) 5 days after the sheriff posts a Notice to Vacate on your door. If you need more time to move, you can ask the court for a stay of execution. You will need to show the court that you have a good reason for needing more time.

If you wish to appeal an unlawful detainer ruling, file your appeal in the court location where the original proceeding was heard. For more information on Unlawful Detainer (Landlord/Tenant), visit our Landlord/Tenant page. Additional information is also available on the California Courts Self-Help Center website.

Here are the steps for the California Eviction Process: Make Sure You Have Legal Grounds to Evict the Tenant. ... Serve the Tenant with an Appropriate Notice. ... Wait for the Notice to Expire. ... File All Legal Documents with the Court. ... Serve the Tenant with the Proper Legal Documents. ... Wait for the Tenant to respond to the Lawsuit.

You must file an answer or other legal document if you wish to postpone or stop the eviction. If you do not do so, then the judge will rule in the landlord's favor, and the eviction will proceed.

To start the eviction case, fill out 4 court forms: Summons - Unlawful Detainer-Eviction (form SUM-130) Complaint - Unlawful Detainer (form UD-100) Plaintiff's Mandatory Cover Sheet and Supplemental Allegations ? Unlawful Detainer (form UD-101) Civil Case Cover Sheet (form CM-010)

To respond to the eviction case, you start with filling out an Answer or other response forms. Then, you file them with the court. This gives you the chance to tell the judge if there are any legal reasons your landlord can't evict you and tell your side of the story at a court trial.

The filing fee is $175.

The process eviction literally can take anywhere between 14 days to 6-8 months, typically. I know, not the most useful answer! But the reality of how long an eviction will take is dependent on the circumstances; mostly what it boils down to is how wilful your tenant is.

You can expunge a criminal case, but there's nothing on the law in Texas, as of now, that will allow a person to get an eviction expunged, said Fox. Texas law does not allow for tenants to have an eviction suit expunged like many other states do. Even if you went to court and won, the eviction is on your record.