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 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 [...]
Does the Law Office of Matthew Gary Evans represent tenants?
Yes, I’ll be happy to consider your case so please feel free to contact me through the contact form (on the right), email me at matthew@matthewgaryevanslaw.com, or call 1-800-417-0938.
Description of the eviction/process
A summary of the eviction/unlawful detainer process is: notice, response, trial, possession. 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 [...]