Ask Phyllis: a blog series of frequently asked real estate questions.
The Eviction Process
Dear Phyllis,
I look forward to your real estate advice. I have a new problem. My father sold his home two years ago. The buyer could not get a loan, so my father gave the buyer a loan. The buyer stopped making payments several months ago, and we hired an attorney to initiate foreclosure. I am concerned that the buyer won’t move after the foreclosure is complete. Can you explain the eviction process?
JK
Dear JK,
I am so sorry that your father is in this position. I wish both of you the best. Although I have never advised a seller to carry a loan for a buyer, as there is too much risk. As a top Coldwell Banker real estate agent, I have been down this road several times. It’s advisable to hire an attorney due to the complexity of this process.
THE NOTICE: The eviction process begins when you serve “The Notice” on the tenant.
THE LAWSUIT: After “The Notice” expires, your attorney files an “Unlawful Detainer” lawsuit. The attorney then forwards the case to a process server, and most tenants receive service within about a week of filing.
THE DEFAULT PROCESS: If the tenant does not respond to the lawsuit, your attorney files additional paperwork for the court’s review. The court then issues a “Judgment for Possession,” which typically takes ten or more days.
THE SHERIFF: After you obtain judgment, you deliver a “Writ of Possession” to the Sheriff’s office. The Sheriff processes the writ, posts a “5-Day Notice to Vacate” on the property, and then schedules a lockout date. You or your representative must meet the Sheriff at the property to rekey the unit after the lockout.
PERSONAL PROPERTY LEFT BEHIND: In California, landlords must follow strict legal procedures when tenants leave belongings behind. You cannot dispose of items immediately. Instead, you must notify the former tenant, store the property for a required period, and follow specific rules for selling or disposing of unclaimed items.
THE MONEY JUDGMENT: At this stage, your attorney should also obtain a money judgment for amounts owed. This allows you to pursue collection actions against the tenant’s assets, such as bank accounts or wages, to recover the debt.
I don’t think I would ever want to be a landlord. Too stressful.