William M. Nassar for Fast Eviction Service

Evictions are legal proceedings that must be handled carefully and step-by-step. In California—including the Inland Empire—landlords generally cannot “just remove” a tenant. Instead, eviction typically happens through a court process known as a Landlord/Tenant action (often referred to as an unlawful detainer). Here are some common eviction causes and the process, including the notice requirements that come before filing in court.

Common Reasons a California Landlord May Seek Eviction

In California, a landlord may be able to evict a tenant if the tenant:

• Fails to pay rent on time
• Breaks the lease or rental agreement and does not fix the problem (for example, continuing unauthorized conduct even after being required to stop)
• Damages the property in a way that reduces its value (“waste”)
• Becomes a serious nuisance, such as disturbing other tenants or neighbors even after being asked to stop
• Uses the premises for illegal activity
• In certain situations, nuisance/serious breaches may also trigger different types of notices.

Because the type of notice depends on the reason for eviction, selecting the correct notice is critical. It is critical that the notice be correct as it is the foundation for the eviction. One mistake on the notice and the whole case can be thrown out. We recommend talking with an attorney to make sure you are serving and correct and up to date notice.

A key rule for landlords: You must generally serve a qualifying notice before filing an unlawful detainer case. If you serve the wrong notice (or fail to serve it properly), a judge can dismiss the case—often forcing you to restart the process and pay additional fees.

The Notice is Not Optional

The notice you serve determines the tenant’s available response period, what the tenant must do (pay, comply, or move), and whether you can later file in court.

California requires that notice be served correctly. Common service methods include delivering the notice: (i) Personal service: delivered directly to each tenant; (ii) Substituted service: deliver to another adult on the property and mail copies afterward; and (iii) Posting and mailing such as posting on the door and mailing a copy afterward. Your notice paperwork should include a Proof of Service area or have an attached Proof of Service. The person who serves should sign the proof. Keep the original notice paper and serve copies as required.

Service errors can delay or derail a case. Many disputes come down to what was served, when it was served, and how. We recommend serving the notice by registered process server or sheriff to mitigate any issues with service being proper.

Starting the Eviction Case

If the tenant does not comply with the notice by paying and/or moving out, the landlord may start the eviction case in court. The eviction starts with the notice but until that notice is attached to the summons and complaint and filed with the court the eviction is not official.

In general, the landlord is the plaintiff (though a management company or sublessor can sometimes be a plaintiff depending on the situation). The tenant in possession is the defendant, and there can be multiple defendants. All adult occupants should be listed accurately to support enforcement if the case is successful. Name every occupant over the age of 18.

Evictions must be filed in the court where the property is located. There are Two courts in San Bernardino County where most evictions are filed. The Fontana Courthouse and The Barstow Courthouse. Most of the High Desert evictions get filed in The Barstow court. Most of the other evictions in San Bernardino County get filed in Fontan Court. Riverside County has several courthouses where your eviction could be filed. Banning, Blyth, Corona, Menifee, Moreno Valley, and Palm Springs. We recommend consulting an attorney or the Riverside court website to determine where to file the eviction case. And, the courts in the Inland Empire are taking about 45 – 90 days to go through the eviction process. From that date the case is filed to the date of judgement depending on if the case was won by default of if it went to trial.

Once stamped “Filed,” stamped copies go out for service. You generally cannot serve the summons and complaint yourself—even if you served earlier notice. A third party must serve the tenant using recognized service methods. Our firm uses registered process servers to avoid any issues with service.

The server must complete and sign the Proof of Service first, then the landlord files it with the clerk. Errors in this paperwork can delay the case. Also, depending on the method of service for the Unlawful Detainer paperwork the tenants could get between 10 – 20 business days to file their answer to the complaint.

Unknown Occupants: A Landlord Risk to Plan For

Sometimes additional people live on the property who were not listed as tenants/defendants. If unknown occupants are not named correctly, they may have procedural options that complicate enforcement. When unknown occupants exist, we would recommend to serve a Prejudgment Claim of Right to Possession so that the court can determine whether they should be added as defendants.

Court Dates and Trial Timing

We typically can request a trial date only after the tenant files a response also known as an “Answer.” Once an Answer is filed, we may request a trial date and following the service requirements for that request. Trial often occurs within 20 days, but local scheduling practices with the court can be different. A key distinction: a status conference is not the same as the eviction trial or an order to show cause hearing. If you are confused about either of these hearings and the difference between them and a trial. We recommend contacting your attorney.

Default Judgment, Possession and Lockout Process

If the tenant does not timely file a response, the landlord may be eligible to seek default. In general, our firm obtains the Clerk’s Default Judgment for possession of the real property at issue. We always verify whether the tenant filed an Answer before moving forward with default. To save time and make sure the paperwork is not rejected. The Clerks in Both Riverside and San Bernardino courts are taking about a week to process a default judgment.

When the housing provider prevails in the case, the court may issue a Judgment of Possession, then the our firm obtains a Writ of Execution that authorizes the sheriff to enforce the lockout. Depending on the sheriff department and availability lockout dates could take two to four weeks to schedule. Here’s the common sequence for this:

• Judgment of Possession
• Writ of Execution issued by the clerk
• Sheriff serves a notice to vacate
• Sheriff removes and locks the tenant out if the tenant does not leave

Courts may also award past due rent, damages, costs, and possibly penalties in certain findings. Your attorney should be able to assist with the process of getting monetary damages and costs.

The Inland Empire Advantage Is Process Discipline

Evictions in the Inland Empire come down to fundamentals: choose the correct notice, serve it correctly, file and serve the summons/complaint properly, and follow the procedural deadlines. Housing providers who treat notice service and proof of service as high-priority steps reduce the risk of dismissal, delay, and enforcement problems. An attorney familiar with the court process and procedures will be able to serve proper notice and navigate the deadlines and time frames of the court’s and sheriff’s departments.

William M. Nassar serves as the court-appointed Administrator for Fast Eviction Service, bringing more than 30 years of legal experience in estate planning, business and corporate law, trusts, conservatorships, guardianships, and complex asset matters. As founder and principal attorney of the Law Offices of William M. Nassar & Associates, Mr. Nassar has successfully handled matters involving substantial business interests and assets. With decades of legal experience and deep roots in the Inland Empire community. Since 1979, the team at Fast Eviction Service have provided legal services to property owners, managers, and financial institutions in California. For more information, go to https://www.fastevictionservice.com/about-us/.