Landlord Information

To remove a tenant from the premises, a landlord must give the tenant an appropriate written notice to vacate. Unless the landlord knows for sure, a legal advisor should be contacted to ascertain whether it should be a 3-day, 30-day, or 60-day notice. If the tenant does not vacate the premises in compliance with the demand in the notice, the landlord can file a complaint with the court. Forms are available at the California Courts Online Self Help Center or in Room 103 of the Courthouse in Woodland. The completed forms may be filed in person in Room 103 of the Courthouse or by mailing to Yolo Superior Court, 725 Court Street, Room 103, Woodland, CA 95695. A self addressed stamped envelope must accompany documents submitted by mail if you want your copies returned to you.

 

When documents are submitted for filing, they should include an original and at least two copies of each document. In addition, they must be accompanied by a filing fee. If unable to pay court fees, a party may apply for a waiver of court fees and costs.

 

Service

After the appropriate documents are filed, endorsed copies of the complaint and a summons will be returned to the filing party by the clerk. The summons and complaint must then be served on the tenant/tenants. This can only be done by someone over the age of 18 who is not a party to the suit. If the Yolo County Sheriff's Department or a registered process server serves the papers for you, they charge a fee for the service. The person completing the service must complete a Proof of Service. The original Proof of Service must be filed with the court.

 

The tenants have five calendar days after the date of service to file a response with the court. This is called an answer.

 

 

 

When an answer is not filed

If the tenant does not file a timely answer or file a motion in opposition to the complaint, the landlord may file:

  1. Request to Enter Default
  2. A Clerk's Judgment for Possession, and
  3. Request a writ be issued for possession of the premises

 

After these documents have been filed, the original writ and endorsed copies must be taken by the filing party to the Sheriff's Department to complete the eviction. The landlord cannot evict the tenants himself.

 

When an answer is filed

When an answer has been filed, a Request to Set Case for Trial must be filed with the court in order to proceed with the eviction. At that time the clerk will set a date for the court trial. Notice of the date of trial must be given to all parties.