EVICTION IN ACTION
LANDLORD SUPPORT GETTING TENANTS OUT
Eviction in action, we have been serving eviction papers for many years, protecting the rights of property tax payer. When landlords are faced with the burden of tenants not honoring their agreed commitment, this is where we shift into action. I recently had an elderly client with problem tenant which was causing him great distress. He gave me a call and explains his particular situation. Well’ to say the lease I can’t say that I haven’t heard similar stories before but as always I give my listening ear.
EVICTION IN ACTION
This particular tenant had not paid the previous three months rents and was continuing to usher excuse and excuse. When the landlord contacted me he was very unstable. After our conversation I assured him I would free his property with the most urgency. We look at evictions as serious as we do restraining orders. The reason for this, both infractions pose serious threat. So’ I got right on it.
THREE DAY NOTICE EVICTION IN ACTION
The three day notice is the first step required in the process of evictions. This notice gives the tenant’s acknowledgement that you as the landlord are taking action for the default actions of keeping their financial responsibility. Tenants have 5 business days to answer by paying the unpaid balance in full or contact landlord attempting to make arrangements. If for any reason the tenant doesn’t contact owner/landlord, at that time the process can continue.
The unlawful detainer UD-100 is the form to file with the courts. This form contains summons form, and complaint. It also has answer form UD-105. There is also another form that is available that many landlords and attorneys as well overlook to file with their case. This form is the “CP 10.5 prejudgment claim to right to possession”. The important of this form is to prevent any other person who is not on the original form filed with the court or who possibly is not on lease agreement.
That person can report to court, claiming residency of the said resident in question to evict, and claiming not to be properly served. This form has save landlords, investors, attorneys great deals of time. You see’ tenants who have somewhat knowledge of the laws understand this evasive tactics and some will decide to exercise it to their advantage. The smart thing is now you know, always to include this form with your unlawful detainer filing. Regardless whether on the lease or not unless they answer the form in ten days of original service of process, the court will not honor their complaint.
You also have access to one of the most sought after document preparation software in the California regions. None other than than the full service Turbo Court. This software the judicial court system does not claim this software as being resourceful but I have been promoting it since it launch several years ago. Several clients contact me once they have filed online with turbo court to serve their papers. If something is resourceful it is my desire to make it public.
EVICTION IN ACTION CONTINUES
So’ this particular eviction went through the entire process. What do I mean? The tenants were very difficult in accepting service of process. Three prior attempts with notes left upon front door for a return call and no response. I made the landlord aware of the situation and that I would not make another attempt. I explain we had to move forward with a stakeout. Always do a stake out if possible on a Monday, and I guess you would wonder why? Well this is the beginning of the week and this presents attention from the family. I always perform a stake out in early morning; don’t ask me why, it just works better. It’s something about a resident answering the door at early morning hours just seem to work out with a completed service of process.
In this case the same individual I served the three day notice exist the door and I served him with the unlawful detainer. Ok’ done, another one completed like clockwork. But’ get this; the owner called me and says the tenant has contested the serve. Tenant stated they were not served correctly. In these circumstances the judge requests the process server to come to court and give a statement. This is the impartial justice system we have and I love it.
EVICTION IN ACTION TENANT DAY IN COURT
Tenant stated in court their family was not home at the time and that they were out of town, and received not a notice of any sort concerning summon and compliant of unlawful detainer. What the tenant was unaware was that there was an experience process servers present. I produced all of my recorded documents; also this document was sub served and requires a copy of the document to be mailed out to residence. Also what tenant did not know was that I make a habit of sending copy with a certificate of mailing which the postal clerk will stamp of the necessary information. I also inform the judge there were four vehicles in the driveway and I provided license plate number of each vehicle. Bottom line is you get what you pay for and California Process Servers Jon Serve Associates is by far the best at what we do.
California Process Servers JSA
10950 Arrow Route 661
Rancho Cucamonga CA 91729
Jon Serve Associates