Landlord Tenant Law
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We represent landlords and tenants in a wide variety of legal
matters. Please feel free to contact us for a free consultation
Attorney, Clay Renick, is a real estate attorney and real estate
broker in San Diego county. We represent individual and business
clients. Mr. Renick has represented Century 21, Coldwell Banker,
ERA, Prudential and many other state and national brokerage
firms.
Eviction Timeline
1. Tenant is served with Summons and Complaint based on a 3-
day, 30-day, 60-day or 90-day notice.
2. Tenant has 5 days to file a written answer to the Court after they
are served with the lawsuit. Unknown occupants have 10 days after
service.
3. On the 6th day, our office calls the Court to see if an answer has
been filed.
4. If no Answer, our office files the Default. If the Tenant files an
answer, we file a request for trial.
5. On the 11th day, we call the Court to see if any other occupants
have answered.
6. If not, we file the Default, Clerk’s Judgment, Writ and Sheriff’s
instructions.
7. Within 2-5 days, the Clerk should process the paperwork and
forward it to the Sheriff.
8. The Sheriff then posts the 5-day notice to vacate within 4 days
after they receive the Writ.
9. After the 5 days are up, the Sheriff meets you at the property so
you can change locks.
10. After the lockout, our office obtains a Money Judgment for you.
This can take several months for the Court to process.
Eviction Flowchart
DEMAND NOTICE
• Serve demand notice on Tenant to pay or quit
• Wait for demand date on notice to expire
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SUMMONS & COMPLAINT – UNLAWFUL DETAINER
• File with Court
• Serve Tenant
• Wait 5 days for Tenants to answer
• Wait 10 days for Unknown Occupants to answer
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DEFAULT
• If Tenant does not answer, a default package is filed.
• Wait 2-5 days for Court to enter Judgment.
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TRIAL
• If Tenant answers, hearing is set within 15-20 days.
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JUDGMENT RECEIVED
BY DEFAULT OR AFTER TRIAL
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SHERIFF
• The Sheriff will post the Writ at the premises within 2-4 days of
receipt.
• Lockout is scheduled for 6-7 days after post
• Our office notifies you with date of lockout.
• Sheriff calls the day before lockout with the time the lockout is
scheduled for.
The approximate time from service of lawsuit to lockout is:
• 28-32 days for uncontested
• 46-60 days for contested
I need to evict a tenant or fight eviction proceedings.
matters. Please feel free to contact us for a free consultation
Attorney, Clay Renick, is a real estate attorney and real estate
broker in San Diego county. We represent individual and business
clients. Mr. Renick has represented Century 21, Coldwell Banker,
ERA, Prudential and many other state and national brokerage
firms.
Eviction Timeline
1. Tenant is served with Summons and Complaint based on a 3-
day, 30-day, 60-day or 90-day notice.
2. Tenant has 5 days to file a written answer to the Court after they
are served with the lawsuit. Unknown occupants have 10 days after
service.
3. On the 6th day, our office calls the Court to see if an answer has
been filed.
4. If no Answer, our office files the Default. If the Tenant files an
answer, we file a request for trial.
5. On the 11th day, we call the Court to see if any other occupants
have answered.
6. If not, we file the Default, Clerk’s Judgment, Writ and Sheriff’s
instructions.
7. Within 2-5 days, the Clerk should process the paperwork and
forward it to the Sheriff.
8. The Sheriff then posts the 5-day notice to vacate within 4 days
after they receive the Writ.
9. After the 5 days are up, the Sheriff meets you at the property so
you can change locks.
10. After the lockout, our office obtains a Money Judgment for you.
This can take several months for the Court to process.
Eviction Flowchart
DEMAND NOTICE
• Serve demand notice on Tenant to pay or quit
• Wait for demand date on notice to expire
||
\/
SUMMONS & COMPLAINT – UNLAWFUL DETAINER
• File with Court
• Serve Tenant
• Wait 5 days for Tenants to answer
• Wait 10 days for Unknown Occupants to answer
||
\/
DEFAULT
• If Tenant does not answer, a default package is filed.
• Wait 2-5 days for Court to enter Judgment.
||
\/
TRIAL
• If Tenant answers, hearing is set within 15-20 days.
||
\/
JUDGMENT RECEIVED
BY DEFAULT OR AFTER TRIAL
||
\/
SHERIFF
• The Sheriff will post the Writ at the premises within 2-4 days of
receipt.
• Lockout is scheduled for 6-7 days after post
• Our office notifies you with date of lockout.
• Sheriff calls the day before lockout with the time the lockout is
scheduled for.
The approximate time from service of lawsuit to lockout is:
• 28-32 days for uncontested
• 46-60 days for contested
I need to evict a tenant or fight eviction proceedings.
Contracts
Construction Disputes
Corporate Governance
Employment Law
Estate Planning
Foreclosure Law
General Practice
Landlord Tenant Law
Premises Liability
Real Estate Broker Law
Real Estate Litigation
Trusts Law
Mailing Address
7040 Avenida Encinas
Suite 104-285
Carlsbad, CA 92011
Telephone
Tel 619.322.5695
Facsimile
Fax 760.929.9779
Business hours
M-F 9a.m. - 5p.m.
Construction Disputes
Corporate Governance
Employment Law
Estate Planning
Foreclosure Law
General Practice
Landlord Tenant Law
Premises Liability
Real Estate Broker Law
Real Estate Litigation
Trusts Law
Mailing Address
7040 Avenida Encinas
Suite 104-285
Carlsbad, CA 92011
Telephone
Tel 619.322.5695
Facsimile
Fax 760.929.9779
Business hours
M-F 9a.m. - 5p.m.