Eviction - What Notices to Expect

Eviction Process.





Eviction Process is Different in each State

Every state has its own eviction procedures. If you ask the questions, “How can I be evicted” or “How do I evict?” the answer is going to be different depending on what State you live in.

In addition, some cities have rent control ordinances and the eviction procedures are definitely going to be unique in those places.

The eviction process after foreclosure is very procedure driven. No matter where you live, the trustee foreclosing on your property must follow the proper procedure exactly, or the eviction will fail. (But only temporarily, the process can be restarted immediately.)

Informal Eviction Notice

The first step in an eviction is to provide some kind of notice. After the auction, the notice will probably be informal. A real estate agent will approach you to inform you that your house has been sold and would you kindly leave. If you can’t be enticed to leave with cash for keys or veiled threats of legal action, you will receive formal notice.

Formal Eviction Notice--The 3 Day Notice

Formal notice in California is the 3-Day Notice. The 3-Day must be served before an eviction can be started. (An eviction in California is called an “unlawful detainer action.”)

After a full 3 days have passed, the trustee (acting as agent for the lender) can file an unlawful detainer complaint. The 3 days doesn’t include holidays or weekends and doesn’t count the day the complaint was served. There are additional rules regarding mailed notices.

The 3-day eviction notice has to be in writing. The trustee can’t simply come to the door and tell you that you’re being evicted. There has to be Proof of Service. The written notice doesn’t have to be signed however.