Sometimes, landlords need to evict their tenants. Eviction can be complex, but our law office can help make it go as smoothly as possible. Law Offices of Andrew H. Griffin III has been advocating for landlords and property managers since 1983, so we can provide trustworthy legal counsel for all landlord-tenant disputes. We understand that this is a difficult time for you; our El Cajon eviction attorneys will keep you in the loop by providing frequent updates on your case and making all your documents easy to access.
We can assist with the following:
- Unlawful detainer actions (eviction proceedings)
- Rent increases
Download Attorney Griffin's free Eviction E-Book: The Eviction Process
What Is The Eviction Process in San Diego?
Below is a general overview of the eviction process in San Diego. If you are in the midst of an eviction right now, get in touch with an experienced eviction lawyer in El Cajon at Law Offices of Andrew H. Griffin III as soon as possible. The eviction process involves specific deadlines and timelines. Speak with an attorney today for guidance on your situation.
The eviction process typically involves the following key steps:
- Deliver Propoer Notice to Quit: The landlord must serve the tenant with a written notice to quit, stating the reason for the eviction. The type of notice required depends on the specific circumstances, such as non-payment of rent, lease violation, or expiration of a fixed-term lease.
- Unlawful Detainer Lawsuit: If the tenant does not comply with the notice to quit or refuses to vacate the premises, the landlord can file an unlawful detainer lawsuit in court. This initiates the legal eviction process. The tenant typically has 5 days to respond.
- Summons and Complaint: The landlord serves the tenant with a summons and complaint, which officially notifies them of the lawsuit and provides an opportunity to respond. The tenant has a specific timeframe to file a response with the court.
- Court Hearing: A court hearing is scheduled where both parties present their arguments and evidence. The judge will evaluate the case and make a decision based on the merits and applicable laws.
- Judgment and Writ of Possession: If the landlord prevails in court, a judgment for possession will be issued. The landlord can then obtain a writ of possession, allowing law enforcement to physically remove the tenant from the property if they do not leave the property within 5 days of the writ being issued.
- Eviction and Lockout: The writ of possession is executed by law enforcement, who will carry out the eviction and remove the tenant from the premises. The landlord can then change the locks and take possession of the property.
It is essential to follow the proper legal procedures and adhere to California's landlord-tenant laws throughout the eviction process. Hiring an experienced El Cajon eviction lawyer at Law Offices of Andrew H. Griffin III, can provide you with expert guidance and representation. With their extensive experience and bilingual capabilities, they can navigate the complexities of eviction cases effectively.
Our El Cajon eviction lawyers are knowledgeable in all aspects of landlord-tenant law and will ensure you comply with all state law’s rules and regulations. You must avoid taking action through a “self-help eviction,” such as changing locks or shutting off utilities, since this could result in fines and other penalties. Instead, trust a lawyer from our firm to help you handle the eviction correctly; doing it the right way will save you money and result in a faster outcome.
Landlords should be aware that the state has strict rules about how you can reassert control over your property. If a landlord tries to evict a tenant illegally or without following the proper procedures, the tenant may be able to sue for damages. Additionally, the tenant may be able to stay in the property until the eviction is completed through the courts. Landlords who try to evict tenants on their own may trigger a lawsuit and end up paying significant damages to the tenant.
To learn more about the eviction process in California, Attorney Griffin's offers a class on Teachable.
Negotiating a new lease or dealing with an uncooperative tenant can be time-consuming and frustrating. Still, our El Cajon eviction lawyers have the experience to handle these matters quickly and effectively so that you don’t have to. An eviction lawyer will help ensure the process goes smoothly and according to state law. We can also help with lease agreements and handling tenant disputes. Our staff provides legal representation in both English and Spanish, allowing us to address landlords and tenants in whatever language they prefer.
Speak with us in a free, confidential consultation as soon as possible: call (619) 853-3009 or contact us online. Se habla español.
I had lost faith in attorneys until I was referred to the Law Offices of Andrew H. Griffin III, APC. I had the feeling that he was working for my best interests and not motivated by money.- R.B.
Andrew went above and beyond to answer my questions and help me over numerous days.- M.W.