The California Landlord's Law Book

by Brown, David Wayne; Portman, Janet

• ISBN13: 9780873375436
• ISBN10: 0873375432
• Edition: 7th
• Format: Paperback
• Copyright: 1999-12-01
• Publisher: Nolo

Table of Contents

Evictions in California: An Overview
The Landlord's Role in Evictions	p. 2
Proceed With Caution When Evicting a Tenant	p. 2
A Reason for Which You Must Evict--Drug Dealing	p. 3
Evictions in Rent Control Cities	p. 3
Evicting Roommates	p. 4
Evicting a Resident Manager	p. 4
Attorneys and Eviction Services	p. 5
How to Use This Book	p. 6
Eviction for Nonpayment of Rent
Overview of the Process	p. 2
Preparing the Three-Day Notice to Pay Rent or Quit	p. 2
Serving the Three-Day Notice on the Tenant	p. 8
After the Three-Day Notice Is Served	p. 13
When to File Your Lawsuit	p. 14
Eviction After Termination of Month-to-Month Tenancy by 30-Day Notice
Overview of the Process	p. 2
When a Tenancy May Be Terminated With a 30-Day Notice	p. 2
Impermissible Reasons to Evict	p. 4
Government Subsidy Requirements	p. 5
Rent Control Ordinances	p. 5
Should You Use a Three-Day or 30-Day Notice?	p. 9
Preparing the 30-Day Notice	p. 9
Serving the 30-Day Notice	p. 12
When to File Your Lawsuit	p. 14
Eviction for Lease Violations, Property Damage or Nuisance
When to Use This Chapter	p. 2
The Two Types of Three-Day Notices	p. 2
Using the Three-Day Notice to Perform Covenant or Quit	p. 4
Using and Preparing an Unconditional Three-Day Notice to Quit	p. 8
Serving the Three-Day Notice (Either Type)	p. 9
Accepting Rent After the Notice Is Served	p. 12
When to File Your Lawsuit	p. 12
Eviction Without a Three-Day or 30-Day Notice
Lease Expiration	p. 2
Termination by the Tenant	p. 4
Checklist for Uncontested "No-Notice" Eviction	p. 4
Filing and Serving Your Unlawful Detainer Complaint
How to Use This Chapter	p. 2
When to File Your Unlawful Detainer Complaint	p. 2
Where to File Suit	p. 2
Preparing the Summons	p. 4
Preparing the Unlawful Detainer Complaint	p. 7
Preparing the Civil Case Cover Sheet	p. 19
Getting the Complaint and Summons Ready to File	p. 19
Filing Your Complaint and Getting Summonses Issued	p. 21
Serving the Papers on the Defendant	p. 21
What Next?	p. 34
Pilot Project for Expedited Unlawful Detainer Procedures	p. 34
Taking a Default Judgment
When Can You Take a Default?	p. 2
The Two-Step Default Judgment Process	p. 3
Getting a Default Judgment for Possession	p. 3
Having the Marshal or Sheriff Evict	p. 13
Getting a Money Judgment for Rent and Costs	p. 15
Contested Cases
What Is Involved in a Contested Eviction Case	p. 3
Should You Hire an Attorney?	p. 3
How to Settle a Case	p. 4
The Tenant's Written Response to an Unlawful Detainer Complaint	p. 10
Responding to the Answer	p. 18
Other Pre-Trial Complications	p. 34
Preparing for Trial	p. 35
The Trial	p. 38
The Writ of Execution and Having the Sheriff or Marshal Evict	p. 45
Appeals	p. 46
Collecting Your Money Judgment
Collection Strategy	p. 2
Using the Tenant's Security Deposit	p. 3
Finding the Tenant	p. 3
Locating the Tenant's Assets	p. 5
Garnishing Wages and Bank Accounts	p. 8
Seizing Other Property	p. 13
If the Debtor Files a Claim of Exemption	p. 15
Once the Judgment Is Paid Off	p. 17
When a Tenant Files for Bankruptcy
When a Tenant Can File for Bankruptcy	p. 2
Making a Motion for Relief From Stay in Bankruptcy Court	p. 3
Rent Control Chart
Tear-Out Forms
Instructions for Using the CD
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