We serve the entire State of California for residential, commercial, mobile homes, and foreclosure evictions.
- Procedure for Unlawful Detainer:
- Serve notice (or 30 day)--must be personally handed to a tenant or after due diligence POSTED ON DOOR AND MAILED regular 1st class mail (posting adds 5 days).
- On the 4th day, file Summons and Complaint: EACH adult living in the premises must be named in law suit and each personally served.
- After the 6 days, either file default or request trial:
- If tenant fails to answer suit, a Writ of Possession is issued by Court and posted by Marshall.
- If tenant answers suit, a trial is requested.
- After obtaining WRIT of Possession: Only Sheriff can serve a writ. Usually posted on the door by the next day.E. On the 6th day the officer MAY move the occupants out. No personal property is moved by the officer. The Landlord must store personal property for 18 days and furnish inventory.
- THREE DAY NOTICE: Must NOT be more than amount of RENT due. Landlord must keep original, maybe given when ONE day late past the due date.
- THIRTY DAY NOTICE: Must not be in the alternative (may be mailed certified).
- LEASES: Usually never good for Landlord (only Tenant). Must serve special notice for lease.
- Do not take last month's rent. Take a larger deposit.
- Only the judge that heard the trial can allow an appeal or issue a Stay (except Federal judge in Bankruptcy).
- If tenant files Bankruptcy: We can obtain a relief from Stay, usually within 25 days.
- Refund of deposit: All deposits are refundable. Must notify tenant in writing within 21 days after delivering possession. If no notice given All deposit is refundable regardless of condition or past due rent plus a judge may award $600.00 punitive damages plus 2% per month interest.
- Landlord may not require more than TWO months rent as deposit or last months rent and deposit. Unless unit is furnished then limit is three months deposit. Add 1/2 month for liquid-filled furniture.
- If a tenant cannot be served, a judge can order posting and mailing, but that requires judge's signature PLUS 5 extra days.
- If any money is accepted after service of three day notice, the entire action is Null and Void. If rent past the expiration of thirty day notice is accepted, the notice and/or action is Void.
- If Landlord does anything other than file unlawful detainer (self-help evictions) (remove door, shut off water, etc.) penalty is $100.00 per day. A Landlord may enter and inspect premises without permission provided he has a key and gives 24-hour written notice and is during normal working hours (8 A.M. to 5 P.M.).
- Attachments: May attach wages (you'll get 25% of take home pay each period) all money in checking, and over $1,300.00 in savings.
- Judgments: Good 10 years plus 10% interest from date of judgment.
- Retaliatory Eviction: A tenant may not be evicted for 180 days after he has complained to a governmental agency unless it's for non-payment of rent. NO 30 DAY NOTICES AND NO RENT INCREASES for that 180 day period.
- Repair and Deduct: Tenant must notify Landlord in writing of defect and allow him reasonable time to repair. Then Tenant may repair and deduct up to ONE month rent. He may do this ONLY two times in any 12 month period.
- Landlord required to furnish garbage cans, keep unit habitable and free of roaches and vermin, hot and cold water, one telephone outlet, that is operable, and on-site manager for 16 units or more.
- When evicting a mobile home, the lender must be notified.
- We also do Collections.
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Tenant eviction involves many legal details. You first have to properly serve the correct notice and give the tenant time to respond. If they do not, then a case has to be filed in court with an eviction notice and request a hearing. If as a landlord you miss out on any details, the judge may rule the case in favor of the tenant and you have to start the process over again costing more time and money. Read More...
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