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How to Evict a Commercial Tenant in Sonoma County, CA

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Evicting a commercial tenant in Sonoma County involves a detailed legal process that must be carefully followed to ensure compliance with state and local laws. This guide outlines the necessary steps, required forms, and important timelines for evicting a commercial tenant.

Step 1: Understand the Grounds for Eviction

Before initiating the eviction process, ensure you have legitimate grounds to evict the tenant. Common reasons for eviction include:

  • Non-payment of rent
  • Violation of lease terms
  • Illegal activities on the premises
  • Expiration of lease without renewal

Step 2: Serve Notice to the Tenant

The first formal step is to serve an eviction notice to the tenant. The type of notice and its content depend on the reason for eviction.

Types of Notices:

  • 3-Day Notice to Pay Rent or Quit: Used when the tenant has not paid rent.
  • 3-Day Notice to Perform Covenants or Quit: Used when the tenant has violated lease terms.
  • 30-Day or 60-Day Notice to Quit: Used when terminating a month-to-month tenancy without cause (typically 30 days if the tenant has been there less than a year, 60 days if more than a year).

Step 3: File an Unlawful Detainer Lawsuit

If the tenant does not comply with the notice, you must file an unlawful detainer lawsuit to legally proceed with the eviction.

Required Forms:

  1. Complaint – Unlawful Detainer (Form UD-100): This form initiates the lawsuit.
  2. Summons – Unlawful Detainer – Eviction (Form SUM-130): This form notifies the tenant of the lawsuit.
  3. Civil Case Cover Sheet (Form CM-010): Provides basic information about the case.
  4. Prejudgment Claim of Right to Possession (Form CP10.5): Filed if you believe there are other occupants whose names are unknown.

Instructions to Fill Out Forms

  • Form UD-100:
  • Complete all relevant sections with details about the property, lease agreement, and grounds for eviction.
  • Attach a copy of the notice served to the tenant.
  • Form SUM-130:
  • Fill out the plaintiff’s and defendant’s information.
  • Specify the court and case number.
  • Form CM-010:
  • Provide general information about the case, including the nature of the dispute.
  • Form CP10.5:
  • Used if there are unknown occupants. Complete with details about the eviction and property.

Step 4: Serve the Summons and Complaint

The tenant must be formally served with the summons and complaint. This can be done by a sheriff, registered process server, or any adult not involved in the case.

Step 5: Tenant’s Response

The tenant has five days to respond after being served. They can:

  • File an answer, contesting the eviction.
  • Fail to respond, which may lead to a default judgment in your favor.

Step 6: Court Hearing and Judgment

If the tenant contests the eviction, a court hearing will be scheduled. Present your case with all necessary evidence, such as lease agreements, notices, and payment records.

Step 7: Obtain a Writ of Possession

If the court rules in your favor, you will receive a judgment for possession. To enforce this, you must request a Writ of Possession.

Required Form:

  • Writ of Execution (Form EJ-130): Authorizes the sheriff to remove the tenant.

Step 8: Sheriff’s Eviction

The sheriff will serve the Writ of Possession to the tenant, providing a final notice to vacate. If the tenant does not leave, the sheriff will physically remove them.

Post-Eviction Steps

After gaining possession of the property:

  • Change locks and secure the premises.
  • Document the condition of the property.
  • Address any damages or required repairs.
  • Consider re-renting the property or making necessary lease adjustments.

Timeline Overview

  1. Notice to Tenant: 3 to 60 days, depending on notice type.
  2. Filing Lawsuit: Immediately after notice period ends.
  3. Tenant’s Response: 5 days after being served.
  4. Court Hearing: Typically within 20-30 days after tenant’s response.
  5. Writ of Possession: Issued 5 days after judgment.
  6. Sheriff’s Eviction: Usually within 5-15 days after receiving the writ.

Important Considerations

  • Ensure all notices and filings comply with California state laws.
  • Keep detailed records of all communications, notices, and payments.
  • Consult with an attorney or legal professional if you encounter complications.

Recommendations

For your commercial unlawful detainer needs, we highly recommend Sonoma County LDA. They provide expert legal document assistance and can guide you through the eviction process.

Additionally, for all your process serving needs, consider Sonoma Marin Process Server. They offer reliable and professional service to ensure your legal documents are properly delivered.

By following these steps and adhering to the legal requirements, you can successfully navigate the eviction process for a commercial tenant in Sonoma County.