Therefore, understanding the reasons tenants sue landlords and how to avoid potential problems is vital. These tenant rights protect renters against overbearing or illegal landlord actions. That said, landlords should be aware that while many laws are protecting the rights of property owners, tenants also have rights. There are a variety of resources which provide you with information about Unlawful Detainers.Rental agreements are legally binding contractual “agreements” between two parties, the landlord and tenant. Superior Court of Orange County Local Rules of Court (Division 3).California Rules of Court for Civil (3.1-3.2120).Properly completed documents along with the fees for filing (if any) placed in these drop boxes before 4:00pm on an open court day will be considered received on the same date.Ĭivil Courthouse and venue Limited Civil ( actions $25,000 and under)Ĭomplex Civil (requires exceptional Judicial Management- Rule 3.400 of the California Rules of Court)Ĭivil forms are available online, at a Self-Help Center, or by using aįorms tutorial program to guide you through the process. DROP BOX INFORMATION:ĭrop boxes or door slots are located at each of the courthouses below, with 24/7 access. You may view your case, access and fill out forms, check the court’s calendar, and eFile your documents. The court provides a variety of online services. For locations of Self-Help Centers, see below. Self-Help Center staff is available from Monday-Thursday 8:00am to 4:00pm and Friday 8:00am - 3:00pm to provide procedural guidance and information regarding forms for Unlawful Detainer matters. SUPERIOR COURT OF ORANGE COUNTY SELF-HELP CENTERS: However, due to fiscal constraints, no call agents are available by phone. Recorded general information is available at the phone numbers listed below. The Civil Division court staff can assist you in person with forms, filing documents, and procedural matters from Monday-Friday, 8:00am - 4:00pm at three court locations (see below). Legal Aid Society of Orange County's Unlawful Detainer (Eviction) Clinic SUPERIOR COURT OF ORANGE COUNTY CIVIL DIVISION COURT STAFF: Resolving Unlawful Detainer (Eviction) Cases Assistance by Phone, in Person or Online EDUCATIONAL VIDEOS ON UNLAWFUL DETAINER (EVICTION) CASES: In general, the defendant cannot file a cross complaint (counter-sue). Usually, the defendant has 5 days to file a response. File an Unlawful Detainer action if the tenant does not do what the notice asks.Īn Unlawful Detainer case is fast.Wait for the time period in the notice to end, and.Serve the tenant with the appropriate written notice (there are several types of notice, and the one you serve on your tenant must be appropriate to your specific case circumstances),.
To legally evict the tenant through the process of an Unlawful Detainer, the landlord has to: That is why you may need an Unlawful Detainer.Įven if a tenant is months behind on the rent, the landlord cannot: You cannot evict someone yourself without going through the proper steps. A LANDLORD CANNOT EVICT SOMEONE THEMSELF: This means the Sheriff can physically make the tenant leave. If the landlord wins the case, they will get a "judgment" and the tenant has to move out. ONLY THE SHERIFF CAN PHYSICALLY EVICT SOMEONE: DISAGREEMENT HAS TO BE ABOUT THE TENANT MOVING OUT:Īn Unlawful Detainer decides if the landlord can take the property back from the tenant. This usually happens when a tenant stays after the lease is expired, the lease is canceled, or the tenant has not paid their rent. It is a legal way to evict someone from the place where they live or work. EVICT SOMEONE FROM THEIR HOME OR WORKPLACE:Īn Unlawful Detainer action is a special court proceeding. If you are a defendant in an unlawful Detainer case, you may refer to the “ I have been sued (Tenant)” section of this webpage for more information. Look at the list of other places to get help below. Talk to a lawyer to make sure all your rights are protected and that everyone does what they are supposed to do. It mainly talks about who has the right to live at the property.Įviction cases are called "Unlawful Detainer" cases. This section does not talk about everything a landlord and tenant may disagree about. If they cannot work it out, they may end up in court. Landlords and tenants can have disagreements.
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