California Landlord's Law Book Vol. 2 : Evictions

by Brown, David Wayne; Portman, Janet; Brown, David; Portman, Janet

• ISBN13: 9780873376433
• ISBN10: 0873376439
• Edition: 8th
• Format: Paperback
• Copyright: 2001-02-01
• Publisher: Nolo.Com

Table of Contents

Evictions in California: An Overview
The Landlord's Role in Evictions	2	(1)
Proceed With Caution When Evicting a Tenant	2	(1)
A Reason for Which You Must Evict---Drug Dealing	3	(1)
Evictions in Rent Control Cities	4	(1)
Evicting Roommates	4	(1)
Evicting a Resident Manager	5	(1)
Attorneys and Eviction Services	6	(1)
How to Use This Book	6
Eviction for Nonpayment of Rent
Overview of the Process	2	(1)
Preparing the Three-Day Notice to Pay Rent or Quit	2	(6)
Serving the Three-Day Notice on the Tenant	8	(5)
After the Three-Day Notice Is Served	13	(1)
When to File Your Lawsuit	14
Eviction After Termination of Month-to-Month Tenancy by 30-Day Notice
Overview of the Process	2	(1)
When a Tenancy May Be Terminated With a 30-Day Notice	2	(2)
Impermissible Reasons to Evict	4	(1)
Government Subsidy Requirements	5	(1)
Rent Control Ordinances	5	(4)
Should You Use a Three-Day or 30-Day Notice?	9	(1)
Preparing the 30-Day Notice	9	(3)
Serving the 30-Day Notice	12	(2)
When to File Your Lawsuit	14
Eviction for Lease Violations, Property Damage or Nuisance
When to Use This Chapter	2	(1)
The Two Types of Three-Day Notices	2	(2)
Using the Three-Day Notice to Perform Covenant or Quit	4	(4)
Using and Preparing an Unconditional Three-Day Notice to Quit	8	(1)
Serving the Three-Day Notice (Either Type)	9	(3)
Accepting Rent After the Notice Is Served	12	(1)
When to File Your Lawsuit	12
Eviction Without a Three-Day or 30-Day Notice
Lease Expiration	2	(2)
Termination by the Tenant	4	(1)
Checklist for Uncontested ``No-Notice'' Eviction	4
Filing and Serving Your Unlawful Detainer Complaint
How to Use This Chapter	2	(1)
When to File Your Unlawful Detainer Complaint	2	(1)
Where to File Suit	2	(2)
Preparing the Summons	4	(3)
Preparing the Unlawful Detainer Complaint	7	(13)
Preparing the Civil Case Cover Sheet	20	(1)
Getting the Complaint and Summons Ready to File	21	(1)
Filing Your Complaint and Getting Summonses Issued	21	(1)
Serving the Papers on the Defendant	21	(13)
What Next?	34
Taking a Default Judgment
When Can You Take a Default?	2	(1)
The Two-Step Default Judgment Process	3	(1)
Getting a Default Judgment for Possession	3	(10)
Having the Marshal or Sheriff Evict	13	(2)
Getting a Money Judgment for Rent and Costs	15
Contested Cases
What Is Involved in a Contested Eviction Case	3	(1)
Should You Hire an Attorney?	3	(1)
How to Settle a Case	4	(6)
The Tenant's Written Response to an Unlawful Detainer Complaint	10	(7)
Responding to the Answer	17	(17)
Other Pre-Trial Complications	34	(1)
Preparing for Trial	35	(3)
The Trial	38	(7)
The Writ of Execution and Having the Sheriff or Marshal Evict	45	(1)
Appeals	45
Collecting Your Money Judgment
Collection Strategy	2	(1)
Using the Tenant's Security Deposit	3	(1)
Finding the Tenant	3	(3)
Locating the Tenant's Assets	6	(4)
Garnishing Wages and Bank Accounts	10	(4)
Seizing Other Property	14	(3)
If the Debtor Files a Claim of Exemption	17	(1)
Once the Judgment Is Paid Off	18
When a Tenant Files for Bankruptcy
When a Tenant Can File for Bankruptcy	2	(1)
Making a Motion for Relief From Stay in Bankruptcy Court	3
Appendix 1 Rent Control Chart
Appendix 2 How to Use the CD-ROM
Appendix 3 Tear-Out Forms