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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.