There is no right to a “cash for keys” deal after a foreclosure
A cash for keys deal is an agreement after a foreclosure in which the former owner and/or tenants agree to leave for a sum of money in exchange for the bank not filing an eviction action. I sometimes get calls from prospective clients who expect a cash for keys deal, and some who even think [...]
Courthouse eviction notice is not service of process
Service of process is not the same thing as a notice from the courthouse that you’re being evicted. The courthouses all started mailing notices to tenants informing them they’re being sued for unlawful detainer (i.e., evicted) once the summons and complaint has been filed in their case. But the landlord or owner still has to serve you [...]
What is considered valid service of a 3 day notice to quit and a summons for unlawful detainer?
A 3 day notice, notice to quit, or notice of termination of tenancy may be served by personal service, substitute service, or posting and mailing. A summons for unlawful detainer may be served by personal service, substitute service, mailing and acknowledgement of service, posting and mailing with leave of court, or publication with leave of court. [...]
Should I use a paralegal, document preparation service, or self-help office to respond to an eviction?
No. I see tenant after tenant in court, or come to my office seeking help, after being served with a summons for eviction, who were told to file an answer by a paralegal, document preparation or self-help office. It’s important to remember that the decision about whether to file an answer, demurrer, Delta Imports motion, [...]
Will a chapter 7 bankruptcy save my home from foreclosure?
If you are current on your mortgage payments and can stay current on your mortgage payments, then yes. Or, if you’re in default but can pay the past due mortgage payments not later than 5 days before the foreclosure, then yes. But if that’s the case, a chapter 7 shouldn’t be necessary to save your [...]
What is the chapter 7 bankruptcy process and how long does it take?
The first step is to contact me for a free consultation to see if you need to file bankruptcy and, if so, if you’re eligible for chapter 7. Eligibility for chapter 7 is determined by the means test, which compares your total average gross household income for the last 6 months. To do that, I [...]
Will filing bankruptcy delay my eviction?
Maybe, but it depends on when the bankruptcy is filed in relation to the progress of the eviction case. When a bankruptcy is filed, an automatic court ordered prohibition against many types of debt collection activities. That prohibition is called the automatic stay. The automatic stay comes into effect regardless of the chapter of bankruptcy [...]
Where can I learn about tenants’ rights?
Besides the information on this blog, a good source is the California Tenants’ Handbook, a free publication by the California Department of Consumer Affairs. You can get a copy of the handbook from the DCA’s website here. However, there is no substitute for a consultation with a tenants’ rights lawyer who can review your particular [...]
What happens when a tenant files bankruptcy?
When a tenant files bankruptcy, a court imposed prohibition against all debt collection activities, including for rent, comes into effect automatically. That court injunction is called the bankruptcy automatic stay, or more commonly the automatic stay. If the tenant is current on the rent, then he must keep paying the rent during bankruptcy. Filing a [...]
Can I have a clause in a lease or settlement agreement saying that filing bankruptcy is a default of the agreement?
No. A clause in the lease or any other agreement saying that filing bankruptcy constitutes a breach of that agreement is called an “ipso facto” clause and such clauses are void and unenforceable under California law. So technically the correct answer is “yes, you can have such as clause in your agreement,” but it won’t [...]