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 [...]
Is a notice to quit required under all circumstances before an unlawful detainer action is initiated?
No, there are exceptions to the notice to quit requirement. No notice is required if the tenant remains after the expiration of a fixed term lease, or if the housing was provided to an employee as part of his compensation. For example, no notice is required if the lease specified it was for a definite [...]
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 [...]
Should I rent to a tenant who has filed bankruptcy in the past?
That depends on when and under what chapter the bankruptcy was filed. A debtor who has obtained a chapter 7 discharge of debts within the last 8 years may not obtain another discharge of debts in a chapter 7 or 11 case, or a chapter 13 case if he filed the previous chapter 7 case [...]
Can I serve a 3 day notice to quit for incurable breach on a tenant who threw a loud party?
You can evict a tenant after serving a 3 day notice to quit incurable breach after any type of conduct amounting to a nuisance. A nuisance is any conduct that is offensive to the senses or that interferes with another tenant’s enjoyment of his unit. However, most nuisance activity is actually curable, particularly if the [...]
Can I put a clause in the notice to quit requiring the tenant to pay the past due rent in cash only?
It depends. If the tenant has paid rent with a check that bounced in the 6 months before you issue the notice to quit, then you may require a cash only payment. Otherwise, you have to let the tenant pay the amount stated in the notice to quit in any form, including a personal check.
I know there are people living at my rental property besides the tenant named in the lease. How can I evict them, too?
When you file an eviction for any reason against a tenant, there may be other people living at the property you don’t know about. For that reason, you should: 1. Address the notice to quit to the tenants you know about and all other unknown occupants; 2. Include “Doe” defendants in the summons and complaint [...]
Can I accept rent from a tenant after a 3 day notice to pay rent or quit has expired?
No. Doing so will completely invalidate your eviction case and reinstate the tenancy. You must accept rent if tendered during the 3 day period, however.
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 [...]