California does NOT require you to give unpaying tenants ANY grace period. When tenants do not pay, it is in your best interest to evict them as early as possible to avoid more financial losses.
Attorney-Client Relationship Formation:
1. Around 20-minute free consultation before signing the retainer agreement.
2. The attorney prepares a retainer agreement and sign.
3. The landlord(s) and/or the landlord’s agent(s) sign the retainer agreement.
4. Transfer $3,000 retainer fees into the attorney’s trust account to initiate the eviction procedure.
5. If the $3,000 retainer fees are not enough during the eviction procedure, then the landlord(s) and/or the landlord’s agent(s) have to transfer additional $3,000 retainer fees into the attorney’s trust account, otherwise the attorney will stop the eviction service.
6. After the case is done, the attorney will provide the details of fees and refund the unearned fees.
Step One: Demand Letter or Eviction Notice ($300 attorney fees for each + optional registered process server):
If landlords do not want to appear too aggressive, they could elect to send a Demand Letter of settlement conference first to negotiate in a friendly context, to set up a most achievable payment plan or settlement plan in a settlement agreement.
Delivery method: Demand Letter can be delivered by email, or can be served by the landlord, the landlord’s agent, or anyone over 18.
Optional: Consultation and communication, $330 per hour. 30 Messages/emails (less than 50 words per message/email) count as an hour.
Optional: Settlement conference, $330 per hour attorney fees.
Optional: Demand letter of settlement conference/Settlement agreement/or any other types of legal agreement, $300 per letter with three free modifications, after that $100 per modification.
Optional: Reclaim property possession, $330 per hour, traveling from 92128 to property included.
Landlords may skip the Demand Letter and initiate the eviction process by send a 3-Day Notice to Pay-or-Quit.
Delivery method: 3-Day Notice to Pay-or-Quit can be served by the landlord, the landlord’s agent, or anyone over 18.
Optional: consultation $330 per hour. 30 Messages/emails count as an hour.
Optional: registered process server, $125 – $250 depends on the difficulty of delivery.
Step Two: Filing Lawsuit ($330 per hour attorney fees + court fees + e-filing fees + registered process server)
After tenants receive 3-Day Notice to Pay-or-Quit, tenants may choose to pay or leave within 3 days, excluding Saturdays, Sundays, and national holidays. If tenants do not pay full amount of owed amount and do not leave, landlords can file eviction lawsuit (formal name: unlawful retainer). For example, if tenants received notice on Monday, Monday does not count, 3 days means Tuesday, Wednesday, and Thursday. Landlord can file eviction on Friday.
San Diego County Court Filing Fees (subject to change):
| Dispute amounts less than $10,000 | $240 |
| Dispute amounts between $10,000 and $35,000 | $385 |
| Dispute amounts over $35,000 | $435 |
E-filing Fees: $14.1 (subject to change)
Registered Process Server Fees: $125 – $250 depends on the difficulty of delivery.
After filing a lawsuit, what happens?
1. Court takes 5-10 business days to issue Summons and Complaints (S&C)
2. A registered process server delivers S&C and other legal documents to tenants.
(1) If tenants personally take it, tenants have 10 days to answer.
(2) If tenants evade service:
(a) A declaration of due diligence is filed to the court. The court will review it (days or weeks) and may grant permission to service by posting and mailing.
(b) Upon approval, a registered process server will post the S&C and other documents to the tenant’s door. A copy will be mailed to tenants as well. (server will charge the second time)
(c) Tenants have 20 days to answer.
3. When tenants fail to answer in time, a request for default judgment is filed. The court could take four to eight weeks to process the default.
Step Three: Trial or Hearing ($330 per hour attorney fees + registered process server)
If tenants answered the lawsuit or filed a motion, then the attorney will charge on an hourly basis.
Tenants can file a motion to set aside default judgment as late as after getting the notice to vacate, the hearing can be anywhere between 30 days to 180 days.
Tenants can answer the lawsuit, the attorney will set a date for trial as soon as possible, but it still could take 30 days of waiting, and service of form UD-150 is required by the court, thus another server fee.
Step Four: Lockout ($330 per hour attorney fees + $180 sheriff service fees)
When the court grants default judgment, it also grants a writ of possession. Attorney takes writ of possession to the sheriff’s office. The sheriff will issue a notice to vacate to tenants. If tenants do not leave in 5 days, the sheriff will remove them.
Abies Law Firm 