The California Landlord's Law Book: Evictions

1. Evictions in California: An Overview

• The Landlord’s Role in Evictions
• Proceed With Caution When Evicting a Tenant
• When to Use This Book
• Rental Properties Purchased at Foreclosure
• A Reason for Which You Must Evict: Drug Dealing
• Evictions in Certain Cities
• Evicting Roommates
• Evicting a Resident Manager
• Attorneys and Eviction Services
• How to Use This Book

2. Eviction for Nonpayment of Rent

• Overview of the Process
• Preparing the Three-Day Notice to Pay Rent or Quit
• Serving the Three-Day Notice on the Tenant
• After the Three-Day Notice Is Served
• When to File Your Lawsuit

3. Eviction by 30-Day or 60-Day Notice

• Overview of the Process
• When a Tenancy May Be Terminated With a 30 Day or 60-Day Notice
• Impermissible Reasons to Evict
• 30-Day, 60-Day, and 90-Day Notices
• Rent Control and Just Cause Eviction Ordinances
• Should You Use a Three-Day, 30-Day, or 60-Day Notice?
• Preparing the 30-Day or 60-Day Notice
• Serving the Notice
• When to File Your Lawsuit

4. Eviction for Lease Violations, Property Damage, or Nuisance

• When to Use This Chapter
• The Two Types of Three Day Notices
• Using the Three-Day Notice to Perform Covenant or Quit
• Using and Preparing an Unconditional Three Day Notice to Quit
• Serving the Three-Day Notice (Either Type)
• Accepting Rent After the Notice Is Served
• When to File Your Lawsuit

5. Eviction Without a Three-Day or Other Termination Notice

• Lease Expiration
• Termination by the Tenant
• Checklist for Uncontested “No-Notice” Eviction

6. Filing and Serving Your Unlawful Detainer Complaint

• How to Use This Chapter
• When to File Your Unlawful Detainer Complaint
• Where to File Suit
• Preparing the Summons
• Preparing the Complaint
• Preparing the Civil Case Cover Sheet
• Getting the Complaint and Summons Ready to File
• Filing Your Complaint and Getting Summonses Issued
• Serving the Papers on the Defendant
• What Next?

7. Taking a Default Judgment

• When Can You Take a Default?
• The Two-Step Default Judgment Process
• Getting a Default Judgment for Possession
• Having the Marshal or Sheriff Evict
• Getting a Money Judgment for Rent and Costs

8. Contested Cases

• What Is Involved in a Contested Eviction Case
• Should You Hire an Attorney?
• How to Settle a Case
• The Tenant’s Written Response to an Unlawful Detainer Complaint
• Responding to the Answer
• Other Pretrial Complications
• Preparing for Trial
• The Trial
• The Writ of Execution and Having the Sheriff or Marshal Evict
• Appeals
• Tenant’s Possible “Relief From Forfeiture”

9. Collecting Your Money Judgment

• Collection Strategy
• Using the Tenant’s Security Deposit
• Finding the Tenant
• Locating the Tenant’s Assets
• Garnishing Wages and Bank Accounts
• Seizing Other Property
• If the Debtor Files a Claim of Exemption
• Once the Judgment Is Paid Off

10. When a Tenant Files for Bankruptcy

• When a Tenant Can File for Bankruptcy
• The Automatic Stay

Appendixes

A. Rent Control Chart

B. How to Use the CD-ROM

• Installing the Files Onto Your Computer
• Using the Word Processing Files to Create Documents
• Using Government Forms
• Special Requirements for Motions and Declarations
• Files on the CD-ROM

C. Tear-Out Forms

• Forms for ending the tenancy
• Three-Day Notice to Pay Rent or Quit
• 30-Day Notice of Termination of Tenancy (Tenancy Less Than One Year)
• 60-Day Notice of Termination of Tenancy (Tenancy of One Year or Longer)
• 90-Day Notice of Termination of Tenancy (Subsidized Tenancies)
• Three-Day Notice to Perform Covenant or Quit
• Three-Day Notice to Quit (Improper Subletting, Nuisance, Waste, or Illegal Use)
• Forms for filing an eviction lawsuit
• Summons—Unlawful Detainer—Eviction
• Complaint—Unlawful Detainer
• Civil Case Cover Sheet
• Civil Case Cover Sheet Addendum and Statement of Location
• Proof of Service of Summons
• Application and Order to Serve Summons by Posting for Unlawful Detainer
• Prejudgment Claim to Right to Possession
• Blank Pleading Paper
• Forms for default judgments
• Request for Entry of Default
• Writ of Execution
• Application for Issuance of Writ of Execution, Possession or Sale (Los Angeles only)
• Declaration in Support of Default Judgment for Rent, Damages, and Costs (3-, 30-, 60-, or 90-Day Notice)
• Declaration in Support of Default Judgment for Damages and Costs (Violation of Lease)
• Declaration for Default Judgment by Court
• Forms for contested evictions
• Judgment—Unlawful Detainer
• Stipulation for Entry of Judgment
• Request/Counter-Request to Set Case for Trial—Unlawful Detainer
• Notice of Motion for Summary Judgment; Plaintiff’s Declaration; Points and Authorities
• Proof of Personal Service
• Order Granting Motion for Summary Judgment
• Judgment Following Granting of Motion for Summary Judgment
• Judgment—Unlawful Detainer Attachment
• Forms for collecting your money judgment
• Application and Order for Appearance and Examination
• Questionnaire for Judgment-Debtor Examination
• Application for Earnings Withholding Order (Wage Garnishment)
• Acknowledgment of Satisfaction of Judgment
• Proof of Service by Mail

Index