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LANDLORD’S GUIDE TO UNLAWFUL DETAINERS (C.C.P. Sect. 1159-1179a)

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Presentation on theme: "LANDLORD’S GUIDE TO UNLAWFUL DETAINERS (C.C.P. Sect. 1159-1179a)"— Presentation transcript:

1 LANDLORD’S GUIDE TO UNLAWFUL DETAINERS (C.C.P. Sect a)

2 FLOW CHART Notice Notice File and Serve Summons and Complaint File and Serve Summons and Complaint If Answer Filed: If Answer Filed: Set Case for Trial Set Case for Trial If No Answer: If No Answer: Entry of Default Entry of Default Judgment Judgment Writ of Possession Writ of Possession Eviction Eviction

3 3 DAY NOTICE TO PAY OR QUIT (CCP §1161.2) Unpaid Rent During Last 12 Months Unpaid Rent During Last 12 Months Amount Must be Exact Amount Must be Exact Manner of Payment Manner of Payment Notice of Forfeiture Notice of Forfeiture

4 NOTICE WAIVED, CHANGED, OR CANCELED Extension of time to pay Extension of time to pay Acceptance of partial payment Acceptance of partial payment Acceptance of rent after expiration of notice Acceptance of rent after expiration of notice Additional request for payment after expiration of notice Additional request for payment after expiration of notice

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6 3 DAY NOTICE TO COMPLY OR QUIT (CCP §1161.3) Curable breach (e.g. subletting, parking in wrong area, maintenance issues, pets) Curable breach (e.g. subletting, parking in wrong area, maintenance issues, pets) Must be stated in the alternative (i.e. choice to correct or vacate) Must be stated in the alternative (i.e. choice to correct or vacate) Specify violation Specify violation

7 3 DAY NOTICE TO QUIT Non-Curable Breach Non-Curable Breach (CCP §1161.2) Nuisance Nuisance Illegal activity Illegal activity Health and safety issues Health and safety issues Excessive damage to property Excessive damage to property Eviction of Previous Owner Eviction of Previous Owner (CCP §1161a(b)) (CCP §1161a(b)) Specify Cause for the Notice Specify Cause for the Notice

8 30/60/90 DAY NOTICE OF TERMINATION 30 Day Notice [Civil Code §1946.1(c)]: 30 Day Notice [Civil Code §1946.1(c)]: Terminate Month-to-Month Rental Terminate Month-to-Month Rental Less Than 1 Year of Residency Less Than 1 Year of Residency No Reason Required No Reason Required

9 30/60/90 DAY NOTICE OF TERMINATION 60 Day Notice [Civil Code §1946.1(d)]: 60 Day Notice [Civil Code §1946.1(d)]: Month-to-Month Rental Month-to-Month Rental Residency of One Year or More Residency of One Year or More Mobile Home Park Tenants Mobile Home Park Tenants 90 Day Notice 90 Day Notice After Foreclosure (tenants only) After Foreclosure (tenants only) Subsidized Housing (Section 8) Subsidized Housing (Section 8)

10 SUMMONS AND COMPLAINT Only after the Notice expires Only after the Notice expires 5 Day Summons 5 Day Summons (C.C.P. Sect. 1167) Verification Verification Service Service

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14 MANNER OF SERVICE Personal Personal Substituted Substituted Mail and Acknowledgement of Receipt of Service Mail and Acknowledgement of Receipt of Service Posting and Mailing Posting and Mailing

15 DEFAULT JUDGMENT FOR POSSESSION Request for Entry of Default Request for Entry of Default Judgment Judgment Application for Issuance of Writ of Possession Application for Issuance of Writ of Possession Writ of Execution/Possession Writ of Execution/Possession

16 EXECUTION OF WRIT Sheriff’s Instructions for Eviction Sheriff’s Instructions for Eviction Writ of Possession Writ of Possession Forms and Fees May be Submitted with Default Package Forms and Fees May be Submitted with Default Package

17 EXECUTION OF WRIT Service of Writ and Posting of 5 Day Notice to Vacate Service of Writ and Posting of 5 Day Notice to Vacate Sheriff will remove all occupants Sheriff will remove all occupants Sheriff Post Notice on Window Sheriff Post Notice on Window

18 EVICTING LODGERS 30 or 60 Day Notice to Quit 30 or 60 Day Notice to Quit Only where there is one lodger Only where there is one lodger Sheriff authorized to remove lodger Sheriff authorized to remove lodger Civil Code §1946.5; Penal Code §602.3 Civil Code §1946.5; Penal Code §602.3

19 ABANDONED PERSONAL PROPERTY Notice of Right to Reclaim Personal Property Notice of Right to Reclaim Personal Property If Tenant Demands Return of His Property If Tenant Demands Return of His Property If Tenant Does Not Respond to Notice If Tenant Does Not Respond to Notice Property worth less than $300 Property worth less than $300 Property worth more than $300 Property worth more than $300 Motor Vehicles Motor Vehicles

20 SECURITY DEPOSIT Time to Return Deposit Time to Return Deposit Itemized Accounting Itemized Accounting Allowable Deductions Allowable Deductions

21 Q & A


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