DIY eviction (by Mick [CA]) Oct 4, 2022 7:28 PM|
DIY eviction (by Moshe [CA]) Oct 4, 2022 7:41 PM
DIY eviction (by Jim in O C [CA]) Oct 4, 2022 7:43 PM
DIY eviction (by Mick [CA]) Oct 4, 2022 8:33 PM
DIY eviction (by Robert J [CA]) Oct 4, 2022 11:10 PM
DIY eviction (by plenty [MO]) Oct 4, 2022 11:53 PM
DIY eviction (by mick [CA]) Oct 5, 2022 12:15 AM
DIY eviction (by Mick [CA]) Oct 5, 2022 12:17 AM
DIY eviction (by Mick [CA]) Oct 5, 2022 12:21 AM
DIY eviction (by S i d [MO]) Oct 5, 2022 8:49 AM
DIY eviction (by Ken [NY]) Oct 5, 2022 9:17 AM
DIY eviction (by Mick [CA]) Oct 5, 2022 12:42 PM
DIY eviction (by Mick [CA]) Oct 7, 2022 11:37 AM
DIY eviction (by WMH [NC]) Oct 7, 2022 12:26 PM
DIY eviction (by Mick [CA]) Oct 7, 2022 2:46 PM
DIY eviction (by Moshe [CA]) Oct 7, 2022 5:09 PM
Click here to reply to this discussion.
Click Here to send this discussion to a friend
DIY eviction (by Mick [CA]) Posted on: Oct 4, 2022 7:28 PM
San Diego County: no moratorium in San Diego. I served tenant a 3-day PQ on Monday, Oct 3. Tenant is S8 & I forwarded copy of notice to caseworker also. Tenant has not paid their portion. Has anyone done a DIY eviction? Wondering how complicated it will be? I do typically hire an attorney. --98.177.xxx.xxx
DIY eviction (by Moshe [CA]) Posted on: Oct 4, 2022 7:41 PM
In present-day CA, it can get VERY complicated.
I would recommend using an attorney that specializes in evictions.
DIY eviction (by Jim in O C [CA]) Posted on: Oct 4, 2022 7:43 PM
In California I would never try to do an eviction on my own.
It will fail and I would have to start all over again and lose weeks or months in the process. --99.23.xxx.x
DIY eviction (by Mick [CA]) Posted on: Oct 4, 2022 8:33 PM
Thanks for the input. Lawyer it is. --98.177.xxx.xxx
DIY eviction (by Robert J [CA]) Posted on: Oct 4, 2022 11:10 PM
One wrong word or something omitted in the Notice to pay rent, and the case will be thrown out and you have to start over. Loosing months in lost rent. You need an eviction attorney, not a family law attorney, automobile attorney, motorcycle attorney or patent attorney. --47.156.xx.xx
DIY eviction (by plenty [MO]) Posted on: Oct 4, 2022 11:53 PM
Guess you won't get any more money from Section8, or do you know? --172.56.xx.xx
DIY eviction (by mick [CA]) Posted on: Oct 5, 2022 12:15 AM
@plenty - well, once I start eviction, I wonít get any money from s8 for this tenant. This particular tenant has been slick from the gate & I want him gone. His late reason: wants caseworker to re-evaluate his rent portion bc he wants to add his teen to the voucher. I told him to at least pay his original amount & if there is an overpay, I would refund him. Crickets. --98.177.xxx.xxx
DIY eviction (by Mick [CA]) Posted on: Oct 5, 2022 12:17 AM
Contacted my eviction atty. she said the notice period ends at COB Wednesday. --98.177.xxx.xxx
DIY eviction (by Mick [CA]) Posted on: Oct 5, 2022 12:21 AM
The atty mentioned, that since I didnít give tenant a local address to pay rent in person, that a defense atty could challenge my notice. I live out of town & use a POB for mailed payments.
Any experience with this, Peeps? --98.177.xxx.xxx
DIY eviction (by S i d [MO]) Posted on: Oct 5, 2022 8:49 AM
This goes to show that the old trope "Section 8 is guaranteed rent..." is false. We've seen it many times.
This is why I don't do business with Uncle Sam. If I take his money, I have to play by his rules. Plus, what are the odds you'll ever be able to recover a judgment from a person who cannot afford to rent without a subsidy?
CA sounds like a terrible state for being a LL. One missing word and the whole thing gets tossed out? Yeesh. The whole reason we have a court system with judges to deal with civil disputes is so we can maintain equity among parties. When someone is receiving housing and not paying as agreed, that's a problem. The judge is supposed to make things right, not look for the teeniest, tiniest, most microscopic technicality to allow people to steal.
Your biz, your investment dollars... but I recommend at least considering selling and investing in a state that believes in rule of law and private property rights. Missouri is excellent in that regard! And we've been evicting since May 2020... a mere 2 months into the worst pandemic in the world with a 97%+ survivability. --184.4.xx.xx
DIY eviction (by Ken [NY]) Posted on: Oct 5, 2022 9:17 AM
Why would you send a copy to the caseworker? i never notified them of anything when i had section 8 tenants.all the caseworker will do is help the tenant --74.77.xx.xx
DIY eviction (by Mick [CA]) Posted on: Oct 5, 2022 12:42 PM
@Ken -I send caseworker copies of all adverse notices. Never a problem with them responding and lighting a fire under the tenant.
@SID- throwing cases out on microscopic details is not specific to CA. I gotta roll with tide & hope for the best outcome. --98.177.xxx.xxx
DIY eviction (by Mick [CA]) Posted on: Oct 7, 2022 11:37 AM
Tenant paid full amount on last day of notice period. My lawyer was ready to pull the trigger. --98.177.xxx.xxx
DIY eviction (by WMH [NC]) Posted on: Oct 7, 2022 12:26 PM
Mick/CA, the "microscopic detail" is not an issue here. Since evictions are handled through Small Claims Court where a lawyer is not necessary or even expected (or even allowed in some case) the magistrate doesn't toss a case based on tiny legal technicalities. Oh it happens, but it's not like states where the FONT has to be such and such and the space and the page numbering, etc.
Here, notices can be hand-written, hand-delivered or delivered via voice, text, email - only thing that must be delivered according to protocol is notice of court action, and that is done by the sheriff - no control over that. They screw it up sometimes too but USUALLY the magistrate is will overlook honest mistakes. --50.82.xxx.xxx
DIY eviction (by Mick [CA]) Posted on: Oct 7, 2022 2:46 PM
WMH- dang, I need property in NC. Iíve seen cases get tossed for small details which always favor the tenant. Tenant says they donít understand English, didnít get notice, canít find a lawyer, etc. --98.177.xxx.xxx
DIY eviction (by Moshe [CA]) Posted on: Oct 7, 2022 5:09 PM
Sid & WMH,
You're both operating under false assumptions.
In CA, evictions are handled in Superior Court, not Small Claims. Eviction is a serious matter, because it attempts to deprive someone of their home, because that is a serious matter since the 13th Century in Common Law. The defendant SHOULD get all of his rights, not just under the relaxed rules of Small Claims Court.
The question of lacking a local address on the Notice to Pay Rent or Quit is not a microscopic matter at all. The notice says, pay by a certain date. What if the tenant wants to pay, at 11:59 pm on the last day. But he wasn't given an address where he CAN pay as he wants to. So, the eviction fails, because the tenant wasn't given all his rights, including the right to pay within the stated period, as specified on the notice. Its not a microscopic error, its a very real issue of not depriving a person of his right to keep his home intact according to the law. This right is a very serious one under Common Law. A man's home is his castle. People in USA enjoy the position of rulers in their own homes, and others have no right to enter without the householder's permission. The legal doctrine ďA man's home is his castleĒ is reflected in the Bill of Rights: ďThe right of the people to be secure in their ... houses ... against unreasonable searches and seizures shall not be violated.Ē
Sid recommends at least considering selling and investing in a state that believes in rule of law and private property rights. So does CA. Sid says that Missouri is excellent in that regard! But if they throw out the Bill of Rights despite slopiness in procedure, they're not so excellent.
Click Here to send this discussion to a friend
Report discussion to Webmaster