San Bernardino — Steps in a Landlord Tenant Case

Source: https://sanbernardino.courts.ca.gov/system/files/ltlnextstep.pdf

LANDLORD/PLAINTIFF’S CHECKLIST

STEP 1 Serve the 3/30/60/90 Day Notice (You must wait until the time stated on the notice expires before you can file a Complaint for Unlawful Detainer with the Court.)

STEP 2 File the Complaint at the Clerk’s Office (If the tenant does not respond to the 3/30/60/90 day notice, you may proceed with a Complaint for Unlawful Detainer.)

STEP 3 Serve the Complaint on the tenant(s)/defendants(s) (You filed your Complaint for Unlawful Detainer. Now, have someone over the age of 18 years hand-deliver (serve) a copy of the Complaint to the tenant/defendant.)

STEP 4 File the Proof of Service for the Complaint with the Clerk’s Office (After the Complaint is served on the tenant/defendant, have the person who helped you with the service fill-out the Proof of Service and file it at the Clerk’s Office.)

STEP 5 File Request for Entry of Default/Default Judgment OR File Request to Set Case for Trial (1. If the tenant/defendant did not file an Answer, you can file a request for default/default judgment. (GO TO STEP 7) 2. If the tenant/defendant filed an Answer, you can file a request to set case for trial. This will cause a hearing to be set 20 days from the date of the request.)

STEP 6 Hearing (Prior to the hearing, you should prepare your evidence. Also, prepare the Judgment.

STEP 7 Obtaining a Writ of Possession (If you were granted possession of the property by either a default judgment or court judgment, you can now request that a Writ of Possession be issued by the Clerk.)

STEP 8 Sheriff’s Posting of the Notice to Vacate Once the Clerk issues the Writ, you will have to take it to the Sheriff’s Court Services for processing. The Sheriff will post what is called a “Notice to Vacate.” The tenant has five days from the date the Sheriff posts the Notice to Vacate to move-out.

TENANT/DEFENDANT’S CHECKLIST

STEP 1 Serve the Answer Have someone over the age of 18 years send (serve) by regular mail a copy of the Answer to the landlord/plaintiff. After the Answer is mailed to the landlord/plaintiff, have the person who helped you with the mailing fill-out the Proof of Service.)

STEP 2 File the Answer with the Proof of Service at the Clerk’s Office (Attach the completed Proof of Service to the Answer and file them at the Clerk’s Office.)

STEP 3 Landlord/Plaintiff’s Request to Set Case for Trial (Once your Answer is filed, the Landlord/Plaintiff will file a request to set case for trial at the Clerk’s Office. This will cause a hearing date to be set within 20 days from the date of the request.

STEP 4 Hearing (Prior to the hearing, you should prepare your evidence.

STEP 5 Writ of Possession/Notice to Vacate (If the Landlord/Plaintiff wins the case, the Landlord/Plaintiff can obtain a writ of possession to move you out of the property. The Sheriff will post what is called a “Notice to Vacate.” You will have five days from the date the Sheriff posts the Notice to Vacate to move-out.