If I’m a landowner and I gave the tenant a 30 day notice and have a summons, how long does it take for the sheriff to take them out?

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If I’m a landowner and I gave the tenant a 30 day notice and have a summons, how long does it take for the sheriff to take them out?

Asked on October 11, 2012 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The procedure for evicting a tenant is known as a "summary proceeding" meaning that it is generally a quick proceeding but the steps must be carefully followed in order to have them properly expelled.  You have to first serve a 30 day notice (if they are a month to month tenant; tenant's with leases are another story).  After the expiration of the 30 days you serve them with a Summons and Complaint for eviction. That is when the process starts.  I would strongly suggest that you seek legal help here.  Good luck.


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