Frequently Asked Questions
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Notice of Non-Payment of Rent, Notice to Cure or Perform, Notice to Quit, Notice to Terminate.
A 3-Day Notice to Pay Rent or Quit is used to give any tenant notice that they owe rent for a certain period of time and they must either pay the rent due within 3 business days or vacate the property within 3 business days. If the tenant does not comply with the notice, an Unlawful Detainer action will have to be filed so that the owner may regain possession of the property. If the tenant chooses to vacate the property within the three days, the owner can still file a small claims complaint against the tenant for the unpaid rent. This notice is usually served on a tenant after the rent has become late. According to the rental agreement, usually rent is due on the first and late as of the fifth so the notice could be served on the sixth.
A 3-Day Notice to Perform Covenant is used to give a tenant who is on a written rental agreement notice that they have breached their contract in some manner and that the breach needs to be cured. This notice can be used to ask for late fees as long as there is a clause in the written agreement which can be cited. This notice can also be used for a non
paid security deposit, an unauthorized person, or a utility payment which is due. As long as there is clause in the agreement which can be cited, this notice can be used to give the tenant notice of the breach in contract and list how the tenant can cure the breach. The tenant is supposed to comply with the notice within 3 days, or legal action may be taken.
A 30-Day or 60-Day Notice to Terminate Tenancy is used to give a month to month or a “tenant at will” tenant, notice that the owner wishes to regain possession of the property. There are limited reasons why such a notice can be served, such as owner wants to occupy the unit, the unit is being removed from the rental market, a major re-model, ect.
A 3-day notice will expire 3 business days (excluding Court holidays) after it is served upon the Defendant.
A 30-day day notice will expire 30 calendar days (excluding Court holidays) after it is served upon the Defendant.
A 60-day day notice will expire 60 calendar days (excluding Court holidays) after it is served upon the Defendant.
This notice is given to the tenant to notify them that the owner or authorized agent needs to enter the premises within 24 hours. The notice may be given if the owner wishes to inspect the property, needs to do necessary or agreed upon repairs, or show the dwelling unit to prospective buyers. The owner should state the reason for entrance on the notice. The entrance of the premises should be done during normal business hours. The notice should be served on the tenant, first attempt personal and substitute service, or post the notice if necessary, and 24 hours after the notice has been served, the owner or agent can enter the dwelling, pursuant to Civil Code §1954. If the tenant does nto allow entry into the premises a three day ntice to cure can be prepared and served.
This notice can be given if an owner or agent believes the premises to have been abandoned.
This is an 18 day notice that must be posted and mailed to the Premises. If the Tenant does not contact you within 18 days then the Premises can be considered abandoned.
The lease or estopple, ledger, photos and any other documents in the Tenant’s file.
If the Defendant is personally served the eviction documents then they have 10 days to file an answer with the Court. If they are subserved, meaning that another person over the age of 18 was served with the eviction documents, then they have 14 days to file an answer with the Court.
The property is to be sold with the tenant in place. The new owner can evict based on owner/family member move in.
This depends on the city in which the premises is located.
A notice may be posted at the premises AND mailed. It can also be personally served upon the named Defendant or subserved upon another person over the age of 18 at the premises.
- A request for default judgment is then filed with the Court.
- WHAT IF THEY DO FILE AN ANSWER? A request for non-jury trial is then filed with the Court.
1 То 3 business days.
An application for a writ of execution is filed with the Court.
The unlawful detainer action is then prepared, sent over to the client for review and signatures, returned to us and then submitted for filing with the Court (electronically).
Unauthorized occupants are included in the eviction lawsuit and will also be removed from the property when the lockout occurs.
1 To 3 business days.
The documents are then served upon the Defendant/s at the Premises address.
If the Defendant is personally served the eviction documents then they have 15 days to file an answer with the Court. If they are subserved, meaning that another person over the age of 18 was served with the eviction documents, then they have 20 days to file an answer with the Court.
A request for default judgment is then filed with the Court. A default judgment is a judgment in our favor for possession of the premises.
1 To 3 business days.
A request for non-jury trial is then filed with the Court.
Yes.
If the Defendant does not show up the Court will then enter a judgment in your favor for possession of the Premises. This is called a default prove up.
A non-jury trial can last a few hours or all day. There are several factors such as the Court’s calendar for the day, the other cases being heard, etc.
Initially the Judge will ask that you attempt to mediate and come to a mutual agreement or a stipulation.
If no agreement can be made, then the Judge will hear the facts of the case and make a ruling.
All documents that you have in the tenant’s file such as the lease, ledger, any and all notice, ect.
5 to 7 business days.
Yes.
The Court is then informed, a writ is issued, and the Sheriff will schedule a lockout.
An application for a writ of execution is submitted for filing with the Court.
A document informing the Sheriff that you were awarded possession of the Premises.
It can take between 45 to 60 days after they receive the documents to receive a lockout date.
Prior to the lockout the Sheriff’s Department will post a 5-day notice at the Premises. This notice informs the occupants/Defendants that at any time after the 5 days a lockout will occur. This does not mean that a lockout will occur in 5 days or immediately after the 5 days.
This information is given by the Sheriff’s Department via U.S. mail.
A Sheriff will arrive at the Premises on the specified date and time. They will escort any occupants on the Sheriff Instructions off the Premises and allow you or your agent or locksmith to change the locks.
A locksmith, you or someone you authorize as your agent.
All personal items left by the tenant must be kept for a period of 18 days by law.
If the items need to be removed from the property, they must be stored in a safe place for the 18 days.
You can charge the tenant either the daily rental value of the property or the daily rental value of the storage unit for storing their property.
A notice must be mailed and posted at the property, giving the tenants an inventory list of what was left behind, the location they are being stored, a clear deadline of when they must be picked up, any storage fees and your contact information. Additionally, let the tenant(s) know that their property will either be disposed of or sold after the 18 days if it is not claimed. After the 18 days have passed, if the items are valued under $300.00 you can dispose of them. If the items are valued at $300.00 or over, a public auction must be held.
It is always a good idea to take pictures of all of the items/property left behind as inventory of what was disposed of or sold.
A set of sets of inquiries sent by the Defendant and/or their attorney to gain a better understanding of our position.
Within 5 days of receipt.
Yes.
Yes, the “squatter/s” must be served with a 30-day notice to terminate the tenancy at will. If they do not comply with the notice, then the eviction will be filed.