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Once an eviction notice is served on a tenant, he or she may try contacting the landlord to ask for an extension of time to pay the rent. It’s likely that by the time the landlord has gotten around to actually starting the eviction process, the tenant  is MORE than one month’s rent behind….and probably owes the landlord a substantial amount of money. A common scenario involves the tenant trying to give the landlord partial payment and promising to pay the remainder of the amount due in the future as a compromise.

Once an unlawful detainer Complaint has been filed with the Court, the details of the eviction terms are set. The address listed in the Complaint is the only place the Sheriff will conduct a lockout (beware of apartment/unit number errors), and the specific individuals named on the Complaint are the only people the Sheriff will lock out. So what happens if you forget to name a tenant on the eviction paperwork? Or, what if the tenant was allowing other people to live on the property who were never named on the lease? Legally speaking, these “unnamed occupants” have rights.

As discussed in my recent blog article about the San Diego eviction process, the first step in evicting a tenant is issuing the appropriate notice. The most common notices are the 3 Day Notice, the 30 Day Notice and the 60 Day Notice.