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Old 12-07-2007, 09:51 PM
 
69,360 posts, read 57,165,912 times
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Quote:
Originally Posted by trojo323 View Post
Okay, but even if I don't, they would have to start the eviction process, which at a minimum is 60, maybe 90 days now? Right?
CA law in regards to evictions. Hope this helps

[LEFT]8. Eviction Procedure and Landlord Retaliation
The remedy for the tenant who has refused to live up to his obligations under the rental agreement, or to vacate once it any lease has expired, is to evict him. A California eviction is referred to as an "unlawful detainer" and it is a special proceeding set up by statutes which provides for an accelerated process. The foundation for this process is the provision to the tenant of the requisite legal notice allowing him to cure his default and avoid forfeiture of his tenancy, or terminating his tenancy. See the section on TERMINATION OF TENANCY. Typically an uncontested eviction action takes under 30 days to complete from service of eviction notice to Sheriff restoration of the premises.
The tenancy having been terminated, whether for non-payment of rent and the use of a 3 day pay or quit notice or a 30 day quit notice, the landlord commences things by filing a complaint and having summons issued in the local municipal or superior court {Code of Civil Procedure Sec. 1166}. After service of these documents upon the tenants, they have five days to interpose a response at court (usually by filing an Answer or other pre-judgment motion) {Code of Civil Procedure Sec. 1167, 1167.3}.
If the tenants fail to appear to defend or otherwise contest their eviction, then the landlord may immediately have a clerk’s judgment for possession of the property, and can obtain judgment for any rent and other things he is entitled to later {Code of Civil Procedure Sec. 1169}.
Where the tenant answers, either party may demand a trial before a judge or jury, and this trial must occur within 21 days of the demand {Code of Civil Procedure Sec. 1170.5}.
Upon the conclusion of the trial, the court will pronounce judgment. If in favor of the tenant, the matter ends. If in favor of the landlord, the court will order that the landlord be restored to possession of the property, plus such monetary awards as are allowed {Code of Civil Procedure Sec. 1174}.
After the possession judgment is entered, the clerk will issue directing the Sheriff or Marshall to go to the premises and evict the tenant. The peace officer will deliver a five day notice to quit demanding that the occupants of the premises vacate or be evicted, and upon expiration of the five days, will physically put the tenants out and restore the landlord to possession. The peace officer will not, however, move or accept responsibility for any tenant personal property of the occupants which may remain on the premises. The former tenants have up to and including 15 days in which to reclaim their personal property {Code of Civil Procedure Sec. 1174}.
When the peace officer gives his initial eviction notice, any person who claims a right to possession of the premises may assert that right and that claim will be resolved under {Code of Civil Procedure Sec. 1174.3}.
The legal process of eviction is done by the landlord acting "In Propria Persona" or retaining an attorney. Uncontested cases usually consume 13 to 30 days. Where a tenant fights or contests their eviction, which would include at least one court hearing, the process will take 30 to 50 days to complete.
If the tenant can show that the landlord is trying to evict him, raise his rent, or otherwise increase his burdens of tenancy in retaliation for his exercise of a legal or constitutional right, then the landlord cannot recover possession from him, or enforce the rent increase or other action. Where the tenant has acted in the exercise of his rights within the past 180 days, the landlord is presumed to be acting in retaliation, and the landlord has the burden of proof of a reason for the eviction or other action. Where the eviction is for non-payment of rent, or the notice of termination of tenancy, or rent increase, specifies satisfactory cause for the action, then the tenant may still raise a defense of retaliation, but the tenant has the burden of proof of retaliation {Civil. Code Sec. 1942.5}.
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Old 05-28-2010, 12:58 PM
 
1 posts, read 4,498 times
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I just bought a multiple foreclosed 4 unit property. Which is 3 of them are vacant and one unit occupied. The bank(seller) has month to month agreement signed in April 2010 with the current tenant living in one of the unit. The bank informed me the tenant never paid the rent that has been agreed by both parties. My question is the tenant dose note have the security deposit with bank to transfer to me (new buyer). therefore, if the tenant refused to pay the rent and the security deposit what is the proper legal action should I take to evict the tenant? Do I have to change the existing lease under my name and have her signed? Can I also increase the rent by 3% per the law? Can you please help?
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Old 05-28-2010, 10:24 PM
 
7,541 posts, read 5,525,283 times
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YOU need a lawyer; you have the right to conduct an eviction of the tenant due to breach of contract, but you need a lawyer to handle this for you.
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