How do you go about evicting someone who is not on the lease and has moved into the rental unit before the unlawful detainer lawsuit is filed?

The landlord can include them as defendants in the eviction action, even if the landlord doesn’t know who they are. This is accomplished serving the occupants with a blank Prejudgment claim of right to Possession form at the same time that the eviction summons and complaint are served on the defendants.

These occupants then have 10 days from the date they are served to file a prejudgment Claim of Right to possession form with the Clerk of Court, and to pay the clerk the required filing fee (or file an application for waiver of court fees and costs if they are unable to pay the filing fee.) Any unnamed occupant who does not file a prejudgment Claim of Right to possession form with the Clerk of Court can then be evicted.

An unnamed occupant who files a prejudgment Claim of Right to possession form automatically becomes a defendant in the unlawful detainer lawsuit, and must file an answer to the complaint within five court days after filing the form. The occupant is also required to deposit the equivalent of 15 days rent with the court.

The court then rules on the occupant’s defense to the eviction along with the defenses of the other defendants. If the landlord wins, the occupant cannot delay the eviction, whether or not the occupant is named in the writ of possession issued by the court. If the court finds that the occupant’s claim to possession is not valid, an amount equal to the daily rent for each day the eviction was delayed will be subtracted from the rent that is returned to the occupant, and the sheriff or marshal will continue with the eviction.

If the landlord does not serve a prejudgment Claim of Right to possession form on the unnamed occupants when the unlawful detainer complaint is served, the occupants cannot be evicted when the sheriff arrives to enforce the writ of possession. The prejudgment Claim of Right to Possession allows the landlord to avoid this result.

Contact Lynx Legal Services today at 888-441-2355 if you have any questions regarding these issues, or if you are ready to start a case. Our eviction specialists are standing by to answer any questions you may have, or to complete the intake process necessary for you to start a new case.