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 [...]
What’s the fastest way of getting possession of my property once the occupant defaults in the unlawful detainer case?
To expedite possession in the event of default, file proofs of service for all named occupants, and another proof of service for “unknown occupants,” a request for entry of default and clerk’s judgment for possession only, unlawful detainer judgment, and writ of possession at the same time. Los Angeles County also requires an application for writ [...]
How do I serve a summons and complaint?
You can: 1. Serve it personally at the defendant’s home or business; 2. Substitute service on an adult member of the household at the property; 3. Posting and mailing after getting an order from the court granting leave to serve by posting and mailing. Unlike serving a notice to quit by posting and mailing, you [...]
How do I serve a notice to quit?
A notice to quit can be served by: 1. Personal service at the defendant’s home or place of business; 2. Substitute service, by giving the papers to an adult member of the household at the property; or 3. Posting the notice in a conspicuous place at the property and mailing the notice to the property [...]
Should I give longer notice than required to avoid a jury trial?
I’m asked this question a surprising number of times. The length of notice you give will make absolutely no difference in whether or not the tenant or occupant requests a jury trial. The right to a jury trial depends on the occupant’s timely request for a trial, posting fees, and filing additional paperwork on time. [...]
What kind of notice to quit should I serve?
Use the following notices under the corresponding circumstances: 1. 3 day notice to quit: nonpayment of rent, illegal use/nuisance/incurable breach of covenants, cure cureable breach of covenants or quit, post-foreclosure notice to quit (for the former owner and other occupants not eligible for longer notice only; see below for the right notice to give other occupants) [...]
What do I do if I buy a house at a foreclosure and the former owner refuses to leave?
You serve a 3/30/60/90 day notice to quit on all occupants followed by an unlawful detainer summons and complaint. The post-foreclosure eviction process is basically the same as it is for landlords evicting tenants for nonpayment of rent or breach of covenants, except the complaint has to be specially drafted as opposed to using the [...]
What’s the eviction process and how long does it take?
In a nutshell, the process consists of: 1. Preparation and service of the notice to quit on the occupants (length of notice varies depending on the reason for the eviction and how long the occupant has been living at the property); 2. Filing the summons and complaint for unlawful detainer with the court; 3. Service of [...]