How to Evict a Subletter in California
- 1). Deliver a notice of eviction to the subletter. The contents of the notice vary according the circumstances. If the subletter has violated a provision in the sublease agreement, such as by failing to pay rent on time, the notice must give the subletter at least three days to cure the violation or move out. If the subletter did not violate the sublease and has resided in the property for less than twelve months, provide the subletter with a notice directing the subletter to move out within 30 days. If the subletter did not violate the sublease and has lived in the residence for twelve months or more, provide the subletter with a notice directing the subletter to move out within 60 days.
- 2). File an unlawful detainer complaint form and a second form called a summons if the subletter has not complied with the eviction notice. The forms are available at no charge at the office of the court clerk.
- 3). Direct someone at least 18 years of age to give the subletter a copy of the filed paperwork. Because you are a party to the case you cannot give the paperwork to the subletter yourself.
- 4). Allow five court days to expire. A court day means a day that the court is open for business. Do not count weekends or holidays when the court is closed. The five-day period allows the subletter to file his or her own set of paperwork contesting the eviction.
- 5). File a "Request to Set Trial" form with the court clerk if the subletter filed paperwork contesting the eviction. The form is available at the office of the clerk. The clerk will mail notice to you and to the subletter as to the time and place of the court hearing.
- 6). Attend the court hearing and tell the judge that you served an eviction notice on the subletter, that the subletter did not comply with the terms of the notice and that the subletter has not moved out.
- 7). Fill out and file a "Judgment After Trial" forms packet if the judge ruled in your favor at the court hearing, or the forms contained in a "Default Judgment for Possession" forms packet if the subletter did not file his or her own set of paperwork contesting the eviction within the five-day response period. Both form packets are available at the office of the clerk. The clerk will give you a "Writ of Possession" form. Take the "Writ of Possession" form to the sheriff's department. The sheriff will deliver a written notice to the subletter directing the subletter to move out within five days. The sheriff will return after the five-day period and, if the subletter has not moved out, will physically remove the subletter.
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