Start an Eviction

Starting an eviction with the PKS Law Group, P.C. is easy! Please click on the following link to download a new case form

New Case Form

After filling out the form please submit the supporting documents to our firm via one of the following methods:

Email: Info@pks-lawgroup.com

Fax: 925-378-5612

Mail: PKS Law Group, P.C. at 940 Adams Street, Suite A,
Benicia, CA 94510

Upon receiving your new case information a member from our law firm will get in touch with you to review your case. Meanwhile, if you have any questions please feel free to call us at: 925-478-7909 or email us at info@pks-lawgroup.com.

UNLAWFUL DETAINER (EVICTION) PROCESS

Download Eviction Infographic

Upon Expiration of the Termination Notice, if the Tenant does not comply, then the Landlord may move forward with filing an Unlawful Detainer (Eviction) Case.

The Summons & Complaint is filed with the Court and served upon the Tenant. Depending on the method of service, the Tenant will have between 5 to 15 days to respond.

  • IF THE TENANT FAILS TO RESPOND

    If the Tenant fails to respond to the Complaint, then a Clerk’s Judgment for Possession is entered and a Writ of Possession is issued.

  • IF THE TENANT RESPONDS

    If the Tenant files an Answer with the Court (Tenant has the option of filing other responses), then the Landlord will request that the case be scheduled for trial. A trial date is generally set within 20 days of the Landlord’s request.

  • The Sheriff will post the writs on the Tenant’s door allowing the Tenant 5 days to vacate the property. If the Tenant does not vacate then a sheriff lockout will approximately take place within 7 to 14 days.

  • If the Landlord prevails at trial the judge will issue a judgment for possession and money (which may include rent, damages, costs, and attorney fees, if permitted by the rental agreement). A Writ of Possession will also issue allowing the sheriff to conduct the lockout.

  • After obtaining judgment for possession the Landlord has the option of requesting a money judgment (which may include rent, damages, costs, and attorney fees, if permitted by the rental agreement).

  • The Sheriff will post the writs on the Tenant’s door allowing the Tenant 5 days to vacate the property. If the Tenant does not vacate then a sheriff lockout will approximately take place within 7 to 14 days.

*The above is a general guideline, actual timelines and procedures may vary depending on the facts of the specific case.

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