California Landlord's Law Book : The Evictions

by Brown, David Wayne; Portman, Janet

• ISBN13: 9780873379328
• ISBN10: 0873379322
• Edition: CD
• Format: Paperback
• Copyright: 2004-05-01
• Publisher: Nolo

Summary

This indispensable bestseller dearly - and calmly - explains the hows, whens and whys of evicting a tenant. Evictions provides residential landlords with the answers they need to: - prepare and serve a legal termination notice- file an unlawful detainer complaint- obtain a default judgment- represent themselves in court- handle a contested eviction suit- deal with eviction delaying tactics- collect the money judgment.

Table of Contents

1 Evictions in California: An Overview
A. The Landlord's Role In Evictions	1/2	(1)
B. Proceed With Caution When Evicting a Tenant	1/3	(1)
C. When Not to Use This Book	1/3	(1)
D. A Reason for Which You Must Evict: Drug Dealing	1/4	(1)
E. Evictions in Rent Control Cities	1/5	(1)
F. Evicting Roommates	1/5	(1)
G. Evicting a Resident Manager	1/7	(1)
2 Eviction for Nonpayment of Rent
A. Overview of the Process	2/2	(1)
B. Preparing the Three-Day Notice to Pay Rent or Quit	2/2	(1)
C. Serving the Three-Day Notice on the Tenant	2/8	(1)
D. After the Three-Day Notice Is Served	2/13	(1)
E. When to File Your Lawsuit	2/14	(1)
3 Eviction by 30-or 60-Day Notice
A. Overview of the Process	3/2	(1)
B. When a Tenancy May Be Terminated With a 30-Day or 60-Day Notice	3/2	(1)
C. Impermissible Reasons to Evict	3/2	(1)
D. 30-Day, 60-Day and 90-Day Notices	3/4	(1)
E. Rent Control Ordinances	3/6	(1)
F. Should You Use a Three-Day, 30-Day or 60-Day Notice?	3/9	(1)
G. Preparing the 30-Day or 60-Day Notice	3/10	(1)
H. Serving the Notice	3/13	(1)
I. When to File Your Lawsuit	3/14	(1)
4 Eviction for Lease Violations, Property Damage or Nuisance
A. When to Use This Chapter	4/2	(1)
B. The Two Types of Three-Day Notices	4/2	(1)
C. Using the Three-Day Notice to Perform Covenant or Quit	4/4	(1)
D. Using and Preparing an Unconditional Three-Day Notice to Quit	4/8	(1)
E. Serving the Three-Day Notice (Either Type)	4/9	(1)
F. Accepting Rent After the Notice Is Served	4/12	(1)
G. When to File Your Lawsuit	4/12	(1)
5 Eviction Without a Three-Day or Other Termination Notice
A. Lease Expiration	5/2	(1)
B. Termination by the Tenant	5/4	(1)
C. Checklist for Uncontested "No-Notice" Eviction	5/4	(1)
6 Filing and Serving Your Unlawful Detainer Complaint
A. How to Use This Chapter	6/2	(1)
B. When to File Your Unlawful Detainer Complaint	6/2	(1)
C. Where to File Suit	6/2	(1)
D. Preparing the Summons	6/4	(1)
E. Preparing the Unlawful Detainer Complaint	6/7	(1)
F. Preparing the Civil Case Cover Sheet	6/21	(1)
G. Getting the Complaint and Summons Ready to File	6/21	(1)
H. Filing Your Complaint and Getting Summonses Issued	6/23	(1)
I. Serving the Papers on the Defendant	6/23	(1)
J. What Next?	6/33	(1)
7 Taking a Default Judgment
A. When Can You Take a Default?	7/2	(1)
B. The Two-Step Default Judgment Process	7/3	(1)
C. Getting a Default Judgment for Possession	7/3	(1)
D. Having the Marshal or Sheriff Evict	7/16	(1)
E. Getting a Money Judgment for Rent and Costs	7/17	(1)
8 Contested Cases
A. What Is Involved in a Contested Eviction Case	8/3	(1)
B. Should You Hire an Attorney?	8/3	(1)
C. How to Settle a Case	8/4	(1)
D. The Tenant's Written Response to an Unlawful Detainer Complaint	8/10	(1)
E. Responding to the Answer	8/18	(1)
F. Other Pretrial Complications	8/38	(1)
G. Preparing for Trial	8/39	(1)
H. The Trial	8/47	(1)
I. The Writ of Execution and Having the Sheriff or Marshal Evict	8/50	(1)
J. Appeals	8/50	(1)
K. Tenant's Possible "Relief From Forfeiture"	8/51	(1)
9 Collecting Your Money Judgment
A. Collection Strategy	9/3	(1)
B. Using the Tenant's Security Deposit	9/4	(1)
C. Finding the Tenant	9/4	(1)
D. Locating the Tenant's Assets	9/7	(1)
E. Garnishing Wages and Bank Accounts	9/11	(1)
F. Seizing Other Property	9/15	(1)
G. If the Debtor Files a Claim of Exemption	9/18	(1)
H. Once the Judgment Is Paid Off	9/19	(1)
10 When a Tenant Files for Bankruptcy
A. When a Tenant Can File for Bankruptcy	10/2	(1)
B. Making a Motion for Relief From Stay in Bankruptcy Court	10/2
Appendix 1 Rent Control Chart
Appendix 2 How to Use the CD-ROM
Appendix 3 Tear-Out Forms