Uncontested unlawful detainer package: $ 499 special flat fee!!
For our special flat fee of only $ 499 our experienced eviction attorney will professionally prepare all of the important eviction documents in your case and ensure the fast removal of the tenant:
Preparation and filing of the Summons and Complaint with the court
Preparation and filing of the Default Judgment with the court
Preparation and filing of the Writ of Possession to Have the Sheriff Remove the Tenant
All consultations with our eviction attorney and legal assistants included
1. What is an unlawful detainer?
Unlawful detainer is the name of the lawsuit where a landlord alleges that a tenant has failed to pay rent and demands that the tenant pay the rent owed and/or vacate the property. An unlawful detainer is a summary court procedure, meaning that the legal process progresses much faster than a regular civil lawsuit. For example, a tenant only has 5 days to file his Answer in response to the Complaint, as opposed to 30 days in a normal civil litigation case. The California legislature intended the unlawful detainer process to be relatively quick, understanding that landlords are losing money every day that a tenant remains on their property.
2. Is there any way to legally remove someone from my property without going through the unlawful detainer process?
No. The unlawful detainer process is the only way to legally remove a tenant from your property. If you use illegal methods like physically removing a tenant, locking him out, or cutting off utilities, you can be liable for the tenant’s damages as well as a daily penalty for the time the unlawful methods were used. A landlord also must use the unlawful detainer process on a month-to-month tenant or even a squatter who enters his property without his knowledge. Although the unlawful detainer process may be time consuming and frustrating, it is the only legal way to evict a tenant from your property in California.
3. If I want to get rid of a tenant who has not paid rent this month, do I use a 3-Day Notice to Pay Rent or Quit or a 30-Day Notice to Quit?
A landlord can serve a tenant with both a 3-Day Notice to Pay Rent or Quit and a 30-Day Notice to Quit. A landlord should first serve a tenant that he wants removed with a 3-Day Notice to Pay Rent or Quit, which informs the tenant that he must pay the unpaid rent within 3 days or an unlawful detainer lawsuit will be filed against him. The tenant may pay the rent requested and it is best for the landlord to collect unpaid rent whenever possible.
However, if the tenant pays all of the rent requested, the landlord cannot proceed with evicting the tenant by using the 3-Day Notice to Pay Rent or Quit. Instead, the landlord should follow the 3-Day Notice with a 30-Day Notice to Quit. In a month-to-month tenancy, a 30-Day Notice to Quit allows a landlord to end the tenancy for any reason or for no reason at all. It is important to note, however, that a landlord cannot terminate a written lease without good cause (i.e. tenant violated material provision of the lease or used the rental property for an illegal purpose like selling drugs).
4. How long does the eviction process take?
The eviction process can be as short as a week or take months depending on the accuracy of the landlord’s document preparation and how hard the tenant wants to fight the eviction case. If the tenant responds to the 3-Day Notice to Pay Rent or Quit by paying the rent owed and quickly vacating the property, the eviction process will take less than a week. If the tenant refuses to leave voluntarily but does not contest the eviction in court, it takes about 3 weeks to get a default judgment against the tenant and have the sheriff remove him from the property. In the worst case scenario, with the tenant filing pre-trial delay tactics like a motion to quash and demurrer and requesting a trial, the eviction can take anywhere from 6 to 8 weeks. However, if the landlord makes errors in preparing the 3-Day Notice or Complaint that get the case dismissed at trial, it will add weeks if not months to restart the eviction process. Although it is difficult to predict how long an eviction case will take because it depends largely on how the tenant responds, having an experienced eviction attorney quickly prepare all documents is crucial to successfully resolving your eviction case as soon as possible.
5. Can I collect unpaid rent from the tenant after the eviction?
Under the law, a landlord is entitled to unpaid rent up to the date of the final hearing. A landlord can also recover attorney fees and court costs from the tenant if the tenant loses. After the landlord wins a judgment against the tenant, he must prepare a writ of execution demanding possession of the property, unpaid rent, attorney fees, and court costs. After we win your case, we will provide you with the court judgment and the writ of execution. A collections attorney or collections agency can then assist you with collecting the money that the tenant owes you.
6. What type of notice do I have to give the tenant if I want to raise the rent?
For a month-to-month tenant, a landlord can increase the rent up to 10 percent by providing the tenant with 30 days’ written notice of the rent increase. For rent increases greater than 10 percent, a landlord must give the tenant 60 days’ written notice. A landlord cannot increase rent if there is a written lease agreement between the landlord and tenant.
7. Can a month-to-month tenant give me 30 days’ notice that this will be his last month and tell me to take the last month’s rent from his security deposit?
Legally, a tenant cannot use his security deposit to pay for rent. The security deposit is intended to pay for any cleaning or damage to the property once the tenant leaves. However, as a practical matter, a landlord is better off applying the security deposit to the last month’s rent if there is not much damage to the property instead of going through the eviction process.
8. What happens if a tenant succeeds in a pre-trial motion or at the hearing?
If a tenant succeeds at a pre-trial motion or at the hearing, the landlord’s eviction case will be dismissed and he will have to re-file the case. This will delay the eviction process by weeks if not months. For that reason, it is best to have an experienced eviction attorney assist you from the beginning.
CALL ME IF YOU HAVE ANY QUESTIONS: (714) 337-1730 or email me firstname.lastname@example.org
- Location: Orange County
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