Get Orange County Sheriff Eviction Instructions

Eviction Process The landlord must file suit in the Clerk's Office in the county where the dwelling is located. The tenant then has five days (excluding weekends and legal holidays) to respond, in writing, to the court. If there is no response from the tenant, a judgment is entered against the tenant.

Eviction Process The landlord must file suit in the Clerk's Office in the county where the dwelling is located. The tenant then has five days (excluding weekends and legal holidays) to respond, in writing, to the court. If there is no response from the tenant, a judgment is entered against the tenant.

In order to start the eviction process, you, as the landlord, must first give the tenant written notice. If the tenant does not do what the notice asks, you may file an unlawful detainer case in court when the notice period ends.

The law provided protections for tenants who were given an eviction notice because they were unable to pay their rent or other charges between March 1, 2020 through March 31, 2022, due to COVID-19-related financial distress.

The CA COVID-19 Rent Relief program will continue to help eligible Californians at risk of eviction to apply to receive money for rent and utilities through March 31, 2022. Eviction protections are also through March 31, unless your local city or county has extended protections.

Notice to Pay Rent or Quit - This is usually a 3-day notice. This notice gives the tenant the option of paying the rent and remaining in possession of the property. This notice is acceptable as the first step in the eviction process if the tenant does not pay the rent. Notice to Quit - This is the 30/60 day notice.

Note: The Sheriff's Department can serve all of your papers however certain court processes such as Small Claims, Summons and Complaints, Subpoenas and Restraining Orders can be served by anyone over the age of eighteen who is not a party to the action.

Writ of Possession Only a Sheriff acting under a court order obtained by the landlord can physically remove a tenant from the premises. This court order is a "Writ Of Possession-Real Property". After you have received a judgment in your Unlawful Detainer case you can request the court to issue a Writ of Possession.