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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.
California follows what is commonly referred to as the American rule, which provides that each party to a lawsuit must ordinarily pay his own lawyer. The California Legislature codified the American rule in 1872 when it enacted Code of Civil Procedure section 1021, which states in pertinent part that “Except as attorney’s fees are specifically ...
When a contract contains a provision granting either party the right to recover attorney fees in the event of litigation on the contract, Civil Code section 1717 (hereafter section 1717) gives the “party prevailing on the contract” a right to recover attorney fees, whether or not that party is the party specified in the contract.
This is important because only by maintaining their property would they be able to get good rent for them. Moreover, a well-maintained rental property is more appealing to prospective tenants as well.
The unlawful detainer process is driven by state and local statutes. It is a precise procedure that must be followed carefully. Below is a general discussion of the process and the steps that must be taken.
Generally, the day of the service of the notice is not counted and the period of the notice (i.e. 3 days, 7 days, 30 days, etc.) is then counted to determine when the notice period has expired. If the law requires that the notice also be mailed to the tenant, you must add 5 days to the notice period to allow for mailing.
If the tenant does not voluntarily vacate after the service and expiration of the notice, you must prepare an " Unlawful Detainer " lawsuit. This lawsuit must be filed with the court, served on the tenant and prosecuted to a judgment.
The classic defects are lack of heat, plumbing problems, missing screens, leaking roof, non-functional appliances and electrical outlets and infestations . Additionally, anything cited in a health department notice can constitute a habitability defect. If you do not maintain the premises, the tenant may not have to pay the rent.
You can expect that trial will take an average of two hours of your time. Generally, you will need to bring the following to trial: The person who served the notice; Your rent receipts (pay or quit cases); All written complaints and correspondence with the tenant concerning problems with the unit (pay or quit cases);
The Judgment is a document prepared by the landlord or his attorney and presented to the court for the Judge's signature.
Security and Rent Deposits. Landlords must account for all deposits within 21 days of obtaining possession of a unit. Failure to properly account may result in a Small Claims judgment against you for the full amount of the security deposit (even if you properly applied some or all of it) and a $200 penalty.
If the decision is in favor of the Plaintiff, the Defendant will have to move. Also, the Judge or jury may order the Defendant to pay the Plaintiff’s court costs, attorney’s fees, and overdue rent.
The Plaintiff may take steps to remove the Defendant from the rental property. The Court Clerk will issue a Writ of Possession. This form will allow the Sheriff to forcibly remove the Defendant from the property.
Read the Documents#N#Read each document from beginning to end.
Calculate When You Need to File Your Response with the Court#N#You are required to file a written response with the court within FIVE CALENDAR DAYS of the effective date of service. If that fifth day is a holiday or weekend day, you have until the next day the court is open after that fifth day to file your response.
What to File with the Court#N#Your response filed wih the court must be in the proper format (a letter or phone call is not enough) and a copy of the response must also be served on the other side by an adult who is not named in the lawsuit (service by mail is acceptable).#N#There are several choices of documents to file in response to an unlawful detainer summons and complaint, these include an answer, a motion to quash service of the summons, a demurrer, and a motion to strike the complaint or part of it.#N#Each of these options have their pros and cons.
Contact the Clerk's office of the court where the case was filed (the name and address of the court are on the summons). They may have services to help people understand what is happening when they are sued.