 Eviction Form (by Sorta Blonde [CA]) Mar 20, 2019 3:19 PM
 Eviction Form (by Moshe [CA]) Mar 20, 2019 3:28 PM
Eviction Form (by Mike45 [NV]) Mar 20, 2019 3:39 PM
Eviction Form (by BRAD 20,000 [IN]) Mar 20, 2019 5:07 PM
Eviction Form (by Steve [MA]) Mar 21, 2019 3:02 AM
Eviction Form (by Sorta Blonde [CA]) Mar 21, 2019 7:11 AM
Eviction Form (by Moshe [CA]) Mar 21, 2019 9:26 AM
Eviction Form (by Coplin [CA]) Mar 21, 2019 2:48 PM
Eviction Form (by Moshe [CA]) Mar 21, 2019 3:35 PM
Eviction Form (by Sorta Blonde [CA]) Mar 21, 2019 4:23 PM
Eviction Form (by Salernitana [CA]) Mar 21, 2019 5:45 PM
Eviction Form (by Moshe [CA]) Mar 21, 2019 5:51 PM
Eviction Form (by Moshe [CA]) Mar 21, 2019 5:52 PM
Eviction Form (by Sorta Blonde [CA]) Posted on: Mar 20, 2019 3:19 PM
Message:
State Specific Question About: CALIFORNIA (CA)
I'm evicting a mom who has 2 sons. One is a minor, the other is a mentally disabled adult. I know I don't have to list the minor son. I didn't ask the nature of the mental condition on the adult son nor did I have him sign the lease. It's against the law to do so. I'm just guessing a form of Autism in my dealings with him. In the eviction, HOW did I list him on the paperwork to be sure he doesn't get to stay in the house and then the mom will come back in afterwards. She's likely to use that tactic. Would ruin the whole process. I know he can't receive a Summons so I'm stuck. Nobody seems to know what I should do. Any answers from someone who won't charge me $5 bucks for a week of answers? That was a waste of time. It's just a 'fill in the blank' question on the Unlawful Detainer first filing form. Thanks for any help you can offer. --68.8.xx.xxx |
Eviction Form (by Moshe [CA]) Posted on: Mar 20, 2019 3:28 PM
Message:
" HOW did I list him on the paperwork "
What paperwork?
In CA, eviction starts with notice that he has done something wrong, or that he will lose his right to live there. That notice should be addressed to all leaseholds AND TO ALL OTHERS IN POSSESSION. That would include both sons.
Then, if he fails to comply with the notice, you must file an eviction lawsuit. The person that you sue is the leaseholder (all of them) and when you serve him (them) with the summons & complaint, you must also serve a form called "prejudgment claim of right of possession", which does not need to be addressed.
--47.139.xx.xxx |
Eviction Form (by Mike45 [NV]) Posted on: Mar 20, 2019 3:39 PM
Message:
I would list the Mom (lessee under the lease) in the Notice to ______, and in all eviction paperwork. I would add "and all other occupants" in the Notice to ___ and in all eviction paperwork. I would not use the names of the minor child or the disabled child.
CA has the "Prejudgment Claim to Right of Possession" paperwork that should protect you in this instance.
--71.38.xx.xx |
Eviction Form (by BRAD 20,000 [IN]) Posted on: Mar 20, 2019 5:07 PM
Message:
Sorta,
‘Mary Smith And all occupants’
BRAD --73.102.xxx.xxx |
Eviction Form (by Steve [MA]) Posted on: Mar 21, 2019 3:02 AM
Message:
If you're not sure how to fill out the forms, do you really think you should be handling this eviction?
From what I understand from reading CA LLs posting on this site about evictions in CA there are lots of lawyers who specialize in this. I think it might be worth at least consulting with one of them.
--96.237.xx.xx |
Eviction Form (by Sorta Blonde [CA]) Posted on: Mar 21, 2019 7:11 AM
Message:
Oh yes Steve, consulted several so far for info and they only tell the basics of what they can do for me. They won't go into specifics. I totally see why they don't want to give out free advice. Problem is I have NO cash flow for 2 months now and I can't pay the 'upfront' fees they are asking to start a case. Anywhere from $1500 to $2500 just to START. More to come. I've been using the San Diego Superior Court site which gives all the forms, a video tutorial, step by step, easy to understand the first filing stuff. Problem is, nobody can tell me if I can list the mentally disabled son, who is on SSI with the Mom as the guardian (I guess that's what you would call her) as a defendant along with her. He didn't sign the lease (didn't know if he could) but is listed as a tenant. My solution is to list him AND her as co-defendants and let the courts figure it out. Can't serve a summons on a mentally disabled person as an individual defendant. I have no idea how much he would understand about paperwork, etc. Can't ask, against the law, can't even hint about what might be his diagnosis. Stuck in the middle here. Only the question of is he actually able to be sued in the Eviction. Going to the Central Court tomorrow, where they have some volunteers who will look at the paperwork and help me figure it out. Long trip on the trolley. Should be funnnnn. --68.8.xx.xxx |
Eviction Form (by Moshe [CA]) Posted on: Mar 21, 2019 9:26 AM
Message:
You are in over your head.
In your quest for a free eviction, you are very likely to run into one of the familiar problems. You will need to realize that an eviction is more than just a matter of filing forms and society will restore your money and property for you.
CA has good courts and legal process. But there are many, many complications which you are evidently not qualified to deal with. Housing Rights will provide enough advice to your tenant for them to win against you in court, and Legal Aid may even provide them with an attorney to produce that result for them. If you cannot understand after two attempts how to address a Notice, how will you be able to follow all the way through a Summons & Complaint and pursue it through one or more hearings. You are a perfect candidate for losing the eviction.
I suggest that you find an EVICTION attorney who will take your case on your credit, and hope that it will go through uncontested. Mortgage your property, if you have to. Without an attorney, you don't belong in this business.
--47.139.xx.xxx |
Eviction Form (by Coplin [CA]) Posted on: Mar 21, 2019 2:48 PM
Message:
Sorta Blonde [CA], from the prices you quoted your not talking with eviction specializing attorneys. They are cheaper and typically give a free 20 min or so of advice along with forms. They usually advertise in rental real estate magazines such as AAOC and AOA. You'd best use one of these firms. --47.157.xxx.xxx |
Eviction Form (by Moshe [CA]) Posted on: Mar 21, 2019 3:35 PM
Message:
" Anywhere from $1500 to $2500 just to START. "
Unfortunately, it seems more and more that you don't know what you are doing.
I agree with Coplin that you may be talking to attorneys other than the regular attorneys who routinely practice Unlawful Detainer cases. Many UD attorneys will usually take on a case for $150 plus court costs (total of $720). But BEWARE: thats (as you say) TO START. If the case becomes contested, you will be billed BY THE HOUR. On the other hand, thats the kind of attorney that you want to have. So, you see how eviction is not such a simple matter at all, and a beginner can run up a large bill in a hurry.
Don't tell a lawyer that you don't have any money, or he will not take the case. Best is to come prepared with figures to show him that, if he can return your property to profit-making status, you will then have income and be able to settle your debt. You may have to reward him for taking such a chance by agreeing to a higher hourly rate.
--47.139.xx.xxx |
Eviction Form (by Sorta Blonde [CA]) Posted on: Mar 21, 2019 4:23 PM
Message:
All comments (even critical) are really appreciated. I am not offended by constructive criticism at all. Thanks for all of you who know far more than I do. Remember though, it's my FIRST eviction and I'm eager to learn. Money is my problem, but maybe those Eviction specialists might be the way to go. I just need it done right. Can't take a chance on losing or delaying. I'm still waiting for the weekend when I get my retirement check to see how much I can squeeze out of it without starving or not paying bills. --68.8.xx.xxx |
Eviction Form (by Salernitana [CA]) Posted on: Mar 21, 2019 5:45 PM
Message:
WL had responded to your thread "First Eviciton" from March 6, 2019 with the great tip on the eviction attorney, Dennis Block, who charges $150 plus costs. Even the toughest CA landlords who post often on this forum, Moshe and Jim in OC, both use the same Dennis Block for their own properties. Best of luck.
--107.142.xxx.xx |
Eviction Form (by Moshe [CA]) Posted on: Mar 21, 2019 5:51 PM
Message:
If you pass up paying bills and use the money to hire an attorney, you can get your eviction started right away, and the sooner you can get your property back to profit-making status. The sooner you get your property back to profit-making status, the more money you will have to pay off your overdue bills.
--47.139.xx.xxx |
Eviction Form (by Moshe [CA]) Posted on: Mar 21, 2019 5:52 PM
Message:
I'm tough?
--47.139.xx.xxx |
Reply:
|
|