The Escondido Eviction Process

The most typical eviction in Escondido is an eviction for non-payment of rent so that is what we will go over here.

Eviction Notice to VacateThe process begins when a renter fails to pay rent by the due date. At that point the landlord or property manager can choose to deal with the tenant or begin the Unlawful Detainer process. The landlord must personally post and mail an eviction notice to the tenant such as a 3 day notice to pay or stop or what every the lease or situation demands. It is crucial that the eviction notification to pay or quit is served correctly. otherwise your eviction case could be thrown out of court if it goes that far. If it is not, there is a good chance that you will lose your eviction court case and may be liable for the defendants attorney fees if any.

If the tenant pays the back rent within the eviction letter notice period of being served, the process is over and the occupant can remain.

If the tenant cannot pay the rent within notification period, the Property manager has to file an Unlawful Detainer lawsuit with the Court. The complaint is to demand that the tenant appear in court before the judge to determine if the they are in default of the lease agreement and get evicted. It is essential that the form be filled out completely and submitted properly. The complaint and a summons must be served to the occupant by a constable, to demand their appearance at court  for the legal action against them. The Landlord is the complainant and the tenants or offenders appearance is required before the judge or the landlord wins a default judgment.  If the landlord fails to appear in court then the tenant wins the case by default and remains in the rental unit, the case is dismissed.

The delinquent tenant then has 5 days to react to the Unlawful Detainer Complaint  by submitting an answer or a motion (the motions readily available to an tenant are beyond the scope of this post) within 5 days.

eviction Constable If the offending lessee does not submit a response with Court within 5 days, the property owner can take a default action and get a default judgment. This quickly ends the process and permits the Landlord to obtain a judgment for possession. The Landlord can then complete a form with the the sheriff to have the the sheriff reclaim possession of the rental unit.

If the renter does submit an answer, the Landlord must ask for that the Court set a trial date. The trial date need to be set within 20 days.

On the day of the trial, the landlord needs to prove that there is a lease, rent was due on a specific date, the lease was not paid, that a proper 3 day notification to pay or give up was served on the renter, that the tenant did not pay the lease within three days of being served the 3 day notification, and they were properly served with the complaint. Usually, the occupant will try to bring a habitability defense.

If the Proprietor prospers at trial, they can obtain a WRIT of Possession and have the Escondido Constable remove the renter. If the Property owner loses, they are were they was before the three day notice was served and should start the process over.

Contact us today for filing an Escondido eviction  or the San Diego county or North County areas.