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A landlord can serve a 3-Day Notice to Pay Rent or Quit on the tenant in one of three ways: by personal service, by substituted service, or by posting and mailing. The landlord, the landlord's agent, or anyone over 18 can serve a notice on a tenant.
The Request to Enter Default is used to complete a case where the Respondent has not filed a Response and more than thirty days have passed since personal service of the Summons and Petition. Assistance: Parties who are acting as their own attorneys may receive help from the Self Help Center to complete these forms.
Preferably, the unlawful detainer should be served using a licensed process server or the sheriff. Personal delivery. This is the preferred method and cuts down on the time that the tenant has to \u201cfight\u201d the case.
An entry of default is the first step to obtaining a default judgment against a party, and allows you to proceed in the action without further notice or input from the opposing party. An entry of default can come in two forms, an entry by the clerk or an entry by the judge.
Order for possession (or 'outright possession order') You can ask the court to evict them with a 'warrant for possession' if your tenants do not leave your property by the date given. If the court gives a warrant, your tenants will be sent an eviction notice with a date by when they must leave your property.
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Form UD-105 is the California form for filing a tenant's Answer to an unlawful detainer complaint. The timeframe for filing an Answer (form UD-105) is 5 days after being personally served with the summons and complaint. The 5 day period includes weekends but does not include court holidays.
"(a) Effect of order of default. \u2014 A party in default shall be entitled to notice of subsequent proceedings but not to take part in the trial.
Thus, it often takes four to six weeks to lawfully gain possession with an eviction based upon a 3-Day Notice. Under one common scenario, it can take more than six weeks to take possession if the tenants evade personal service of the summons and complaint.
When a default is entered, the party who requested the entry of default must obtain a default judgment against the defaulting party within 45 days after the default was entered, unless the court has granted an extension of time.
What is an Unlawful Detainer? An Unlawful Detainer, more commonly known as an eviction, is used when a landlord wants to get tenants out of a rental property - either commercial or residential. Only a sheriff can evict someone.

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