The Eviction Process

The eviction process is governed by state law and is subject to change. The following will give you a general understanding of how a typical eviction proceeding progresses.

We strongly urge landlords and tenants to get legal advice before filing an eviction action or contesting an eviction attempt. Rent Board housing counselors can help you understand your rights and responsibilities, but are prohibited from providing legal advice regarding eviction proceedings.

Eviction notice

The property owner must first give the tenant a written notice. There are different types of notices:

• “Three-day notice to perform or quit.” This is the most common type of notice. It gives the tenant an opportunity to “cure” whatever the breach is (most often nonpayment of rent) to avoid the filing of a subsequent lawsuit against them. Some three-day notices do not give the tenant an opportunity to cure the breach; rather, the owner is informing the tenant they have three days to surrender possession of the unit.
• Thirty-day notice of termination for other good causes under the Rent Ordinance. However, if the tenancy has lasted for more than one year, a 60-day notice is required.
• 120-day notice for an eviction under the Ellis Act.

Days are counted starting with the day after the tenant receives notice. If the last day falls on a Saturday, Sunday, or legal holiday, the tenant has until the following business day to leave or comply.

Property owner files a complaint with the court

Once the notice expires, if the tenant is still in the unit and hasn’t complied with the notice, the owner may file a Summons and Complaint for Unlawful Detainer with the court, which continues the eviction process. “Unlawful Detainer” is simply the technical name for an eviction lawsuit.

Tenant is served a summons and complaint

A copy of the Summons and Complaint for Unlawful Detainer is served on (delivered to) the tenant, usually by personal delivery, but delivery can be by other methods as well.

Tenant files response

Once the tenant has been served with the Unlawful Detainer, they have five days to file a written response with the court. Saturdays and Sundays and court holidays are not included in counting the five days. If the tenant fails to respond in writing to the Summons and Complaint within the required time, the property owner is entitled to go to court to seek a “default judgment” against the tenant and move to have the tenant removed from the unit.

Trial

If the tenant has filed a written response, the parties will get a court date, and the case will be heard either by a jury or by just a judge (court trial). Prior to the trial, there are other procedural motions that can be heard and decided on, which could extend the time of the trial by weeks or sometimes months.

If property owner wins at trial or by default

The owner is awarded possession of the property (meaning the tenant has to move out), and the tenant may be asked to pay any rent they owe. If the tenant does not move voluntarily, the owner asks the court to issue a writ of possession, which allows the sheriff to evict the tenant. The sheriff serves a notice on the tenant to move within five days. If the tenant does not move, the sheriff will escort the tenant from the property. The tenant cannot return to the property.

If tenant wins

The tenant stays in the unit.