UCSB Community Housing Office / www.housing.ucsb.edu 25

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Evictions

Three-Day Notice to Pay or QuitA Three-Day Notice to Pay or Quit is served on a tenant/resident for non-payment of rent. Most property providers will insist on full payment and if the resident does not comply, the property provider may initiate an Unlawful Detainer action in the appropriate court. Such a notice must disclose the name, telephone number and address of the person to whom rent shall be paid. Property provider can’t refuse full rent if paid within three days.

Three-Day Notice to Perform Conditions & Covenants or QuitThis Notice is served for any of the following reasons: • Tenant violates legal terms of the lease • Breach of legal house rules or regulations referred to in the lease • Breach of any local laws or ordinances that address health or safety

Service & Unlawful Detainer ProcessProperty providers may initiate an Unlawful Detainer process only after the termination of the tenancy and service of proper notice. The first four steps in the process are always the same, whether the eviction is contested or uncontested. By answering the Complaint within the five days allowed (and paying the requisite fee or getting fee waiver), the Resident gives notice that the eviction will be contested. By not answering the Complaint, the Resident is conceding that the eviction will be uncontested. Step 1: Property provider serves Three-Day Notice. Step 2: Property provider files Complaint after 3 days; court issues Summons. Step 3: Summons & Complaint served on residents, at their home or business. Step 4: Resident has five days in which to answer the Complaint. Uncontested Evictions- move out 18-21 days from service of notice

Step 5: Property provider files a Request to Enter Default, plus a request for the Clerk to enter judgment and issue a Writ of Possession.

Step 6: Property provider takes the Writ of Possession to the Sheriff. Step 7: The Sheriff prepares Eviction Notice and serves or posts Five-Day Notice to Vacate. Step 8: If Resident fails to vacate the property within the five-day period, the Sheriff will physically remove Resident(s). The property provider will arrange for the removal

and storage of property, at Resident’s expense, and the locks will be changed. Contested Evictions- move out 25-30 days from service of notice if tenant loses

Step 5: Property provider files Memorandum to Set Civil Case for Trial with Court Clerk. Court then assigns a trial date and sends notices to all parties.

Step 6: Property provider and Resident proceed to trial. If property provider wins, the procedure followed will be the same as that outlined starting in Step 6 of Uncontested Evictions. If Resident wins, Resident is allowed to continue tenancy.

EviCtiOn iS a lEgal prOCESS and can be accomplished only through an Unlawful Detainer action (see below). there are two types of evictions, as seen below. if you receive a three-day notice, you should immediately contact CHO, aS legal resource Center, or your own attorney. please note that if you are evicted from your rental, it may go on your record.