Mar 25, 2014

Posted by Shanell Calloway in Uncategorized | Comments Off on Unlawful Detainer, Written Notice & The Court

Unlawful Detainer, Written Notice & The Court

In the State of California, landlords enter into an agreement. This contract protects the right so both parties to live in relative harmony with one another. If, under the law, the tenant breaches the contract, he or she must be prepared to face the consequences. This includes a notice to remove him, her or themselves and their belongings from the premises. Failure to do so within the required time, allows the landlord to fill in the unlawful detainer forms for Los Angeles, Long Beach or other communities in this state.

Why an Unlawful Detainer Form?

Before a landlord, who cannot summarily evict his or her tenants, can move to the eviction stage, he or she must fill in the proper paperwork and file an unlawful detainer forms at the offices of the local Superior Court. After this, he or she can move one step closer to actual eviction.

This type of suit is referred to as a “summary” procedure. This indicates the speed within which the matter progresses. The tenant usually has only five days within which to respond to the allegations made by the landlord. The landlord must provide a copy of the unlawful detainer to the tenant. The tenant must do so by filing with the same courts a written response. After filing, the judge may hold a hearing and pass a judgment within the next 20 days. All parties are formed in advance of the hearing date.

Court Procedure

The form the process takes is a hearing. A judge presides over the case. Both involved parties – tenant and landlord, are able to present their cases. They can provide evidence to the court as well as verbally explain their case. It is possible to have a lawyer, but some landlords and tenants fill in their own unlawful detainer forms and also opt to represent themselves in this action.

Potential Results

Whether you live in Los Angeles or Long Beach, the results will fall into one of the categories following categories: the tenant wins or the landlord wins. Each results in different consequences and further actions on behalf of or by the involved parties.

  • Landlord Wins: If the case falls in favor of the landlord, several things occur including potential awarding of rents due, damages and other related items. Yet, for the landlord, the most important is the issuing of a Writ of Possession. This allows him or her to contact the sheriff and arrange for this official body to take steps and actually remove the tenant from the rented premises. First, the tenant is granted five days from the date the writ is issued to leave voluntarily. Only if he or she refuses to do so, the Sheriff can take a direct approach and physically evict the individual(s).
  • Tenant Wins: the tenant will not be evicted. He or she will not have to move. Furthermore, the court may order the landlord to pay court costs e.g. the filing fee. If the original rental agreement contains an attorney clause and the tenant hires one, the landlord will be required to pay these fees as well.

Judgment Default

If, for some reason, the tenant does not file and/or does not show up, the case is found in favor of the landlord. This is called a judgment default and allows the landlord to proceed with the eviction process.

Filing unlawful detainer forms in Los Angeles or Long Beach are the first major step a landlord must make if he or she wants to evict someone. The court will decide the case based on the preponderance of evidence favoring the tenant or the client. At the end of the hearing, either the tenant remains or the landlord will obtain the right to evict him or her from the premises.

 

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