Q:

How do you get a court order to evict a tenant?

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Quick Answer

A landlord can obtain a court order to evict a tenant by filing an unlawful detainer in superior courts, according to the California Department of Consumer Affairs. In most states, landlords cannot evict tenants without proper notice and a court order.

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Full Answer

Once a lawsuit is filed with the courts, tenants have the right to a court hearing to defend the claims made by the landlord, according to the California Department of Consumer Affairs. The landlord is prohibited from cutting off utilities, changing the locks on the rented unit and removing the tenant's belongings prior to a court hearing and judgment.

During a court hearing for eviction, both parties present evidence regarding the problems that led to a request for eviction, according to the California Department of Consumer Affairs. Courts that rule in favor of the tenant can stop or eliminate the eviction process. Courts that rule in favor of the landlord typically issue a writ of possession which orders law enforcement to remove the tenant if the tenant does not move voluntarily after a stipulated time frame. Depending on the outcome of the case, tenants or the landlord may be responsible for court fees, owed rent and attorney fees as stipulated in the rental lease agreement.

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