We serve the entire State of California for
residential, commercial, mobile homes, and foreclosure evictions.
1.
Procedure for Unlawful Detainer:
A. 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).
B.
On the 4th day, file Summons & Complaint: EACH adult living in the
premises
must be named in law suit and each personally served.
C. After the 6 days, either file
default or request trial:
a. If tenant fails to answer suit, a Writ of Possession is issued by
Court and
posted by Marshall.
b. If tenant
answers suit, a trial is requested.
D. 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.
2. THREE
DAY NOTICE: Must NOT be more than amount of
RENT due. Landlord must keep original, may
be given when ONE day late past the due date.
3. THIRTY DAY NOTICE:
Must not be in the alternative (may be mailed certified).
4. LEASES:
Usually never good for Landlord (only Tenant). Must serve special notice for
lease.
5. Do
not take last month's rent. Take a larger deposit.
6. Only the
judge that heard the trial can allow an appeal or issue a Stay
(except Federal judge in
Bankruptcy).
7. If tenant
files Bankruptcy: We can obtain a relief from Stay, usually
within 25 days.
8.
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. 9. 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.
10. If a tenant
cannot be served, a judge can order posting and mailing, but
that requires judge's
signature PLUS 5 extra days.
11. 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.
12. 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.).
13. 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.
14. Judgments:
Good 10 years plus 10% interest from date of judgment.
15. 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 & NO RENT
INCREASES for that 180
day period.
16. Repair &
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.
17. Landlord
required to furnish garbage cans, keep unit habitable & free of
roaches and vermin, hot
and cold water, one telephone outlet,
that is operable, and on-site manager for 16 units or more.
18. When
evicting a mobile home, the lender must be notified.
19. We also do
Collections.