Evicting an Out of State or Concealed Tenant in California

California landlords can invoke special procedures to obtain immediate possession of their property when the tenant is out of state or concealed.

First, the landlord must file the eviction action in court.  The action does not need to be served on the tenant.  Instead, the landlord is required to file a motion for writ of possession with the court seeking immediate possession of the property.  To prevail, the landlord must establish that:

• The tenant resides out of state;
• The tenant has departed from the state;
• The tenant cannot, after due diligence, be found in the state; OR
• The tenant has concealed himself or herself to avoid service of the summons.

Written notice of the hearing indicating that the landlord will seek immediate possession of the property must be served on the tenant, giving the tenant the opportunity to oppse the motion.  Service of the notice must be accomplished in one of the following manners:

• By personal service;
• By leaving the notice at the tenant’s residence, between the hours of 8am and 6pm, with a person at least 18 years old;
• By mailing the notice to the tenant’s residence if no person at least 18 years old can be found between the hours of 8am and 6pm; OR
• If the out-of-state residence is unknown, by delivering the notice to the court.

At the hearing, the court will consider the landlord’s complaint and any other supporting documents.  If the court awards possession to the landlord, an order for immediate possession will issue and the landlord can enforce the order by using a writ of possession.

The landlord is also required to file an undertaking (bond) with the court to prevail on the motion. The amount is set by the court and is designed to cover any damages the court may award the tenant.

This method may be a viable and quicker alternative if the landlord knows that the tenant is out of state or hiding.

Please contact Lynx legal with any questions regarding this process or if you are ready to start a case.  We can be reached at 888-441-2355 or [email protected].  We are standing by to answer any inquiries or start your case if you are ready to proceed.