Notice in Evictions in Temecula, California

The service of the Notice to Quit- whether it be 3 days, 30 days, 60 days, or some other length of time- is essential before an unlawful detainer may be filed. From a renter's point of view, how, when, where and even why a Notice to Quit is served may be of vital importance. Proper service of the Notice to Quit is a prerequisite to the filing and service of an eviction lawsuit.

A Notice to Pay Rent or Quit must either be personally served on the tenant, personally served upon a person of suitable age at the home, personally served at the place of employment or posted on the door and mailed to the tenant. there are strict rules as to how this service must be accomplished, and most landlords do not serve the notice properly. Lack of proper service is a basis to have the unlawful detainer dismissed.

Many landlords, in Temecula and elsewhere, and even their attorneys, are usually very lax when it comes to properly serving the notice to quit. Unlawful detainer cases are often won or lost just on the issue of the service of the Notice. Some landlords will simply serve the Notice by "nail and mail," meaning they post the notice on the door without first attempting to properly serve the tenant. This is a basis to have the unlawful detainer lawsuit dismissed if the renter raises the objection at the eviction trial.

Other Notices may be served by certified mail, return receipt requested, because of the longer timeframe involved.

There are also strict requirements for serving the Summons and Complaint once an unlawful detainer action has been filed. Once again, these papers must also be properly served or it is a defense to the unlawful detainer.

The Eviction Trial in Temecula

Appearing in Court for the Eviction Hearing
The local unlawful detainer courthouse is in Temecula. Before you appear in court on an unlawful detainer trial, you must carefully prepare your case. Among other things, you should:

Talk with a housing clinic; tenant organization; renters attorney; or legal aid organization to determine your rights. Decide how you will present the facts that support your side of the case, e.g., witnesses, letters, other documents, photographs, video, or other evidence. Have at least four copies of all documents that you intend to use as evidence. Ask witnesses to testify at the unlawful detwiner trial if they will help your case. You can subpoena a witness who will not testify voluntarily. A subpoena is an order from the court for a witness to appear. Make sure you have a clear understanding of your defense to the unlawful detainer.

After the Eviction Trial
After you present your defense to the eviction, the court will make a decision. If the Court decides in favor of the tenant, the renter will not have to move, and the landlord may be ordered to pay the tenant’s court costs (for example, filing fees) and the tenant’s attorney fees. However, the tenant will have to pay any rent that the Court orders.

If the landlord wins, the tenant will have to move. In addition, the Court may order the tenant to pay the landlord’s court costs and attorney fees, and any proven damages, such as overdue rent or the cost of repairs if damage was done to the premises.

Writ of Possession
If a judgment is entered against you and you do not move out, the Court will issue a Writ of Possession to the landlord. The landlord can deliver this legal document to the Sheriff, who will then forcibly evict you from the rental unit if you don’t leave promptly. Before you are locked our, the sheriff will serve you with a copy of the Writ of Possession. The Writ of Possession instructs you that you must move out within five days after the writ served on you, and that if you do not move out, the Sheriff will remove you from the rental unit and place the landlord in possession of it.