Thesearetheformsyouwillneed. Youcanfindthematwww.court info.ca.gov
Please fill out the following form and mail with payment to:
UNLAWFULDETAINER(EVICTION)INSTRUCTIONS
P.O. Box 2317
Los Angeles, CA 90021
Your payment shall be used to pay an initial amount which will be used to cover the following attorney fees and other costs incurred in defending the action against the Tenant and the Defendant. These fees may be higher than the amount stated in the order for payment of this action:
A. 2,000 to defray the filing fee pursuant to Penal Code section 664
B. 1,000 as a surcharge to the Tenant if ordered to pay rent pursuant to CA Penal Code Section 1022 (a) or Section 463
C. 1,000 as a surcharge to the Tenant if ordered to pay an arbitrage pursuant to CA Penal Code Section 1022 (a) or Section 465
D.
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UNLAWFUL DETAINER EVICTION INSTRUCTIONS AFTER you have served the tenant s with a valid 3 day 30 day or 60 day notice you can start an Unlawful Detainer to evict the tenant s. These are the forms you will need* You can find them at www*courtinfo*ca*gov or www. placer. courts. ca*gov Civil Case Cover Sheet CM 010 Complaint Unlawful Detainer UD 100 Summons Unlawful Detainer SUM 130 Prejudgment Claim of Right to Possession CP 10. 5 Located under Miscellaneous Forms Answer Unlawful Detainer UD...
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You my name is Mathew Echols I'm a partner in the law firm of Men Freddy Levine this is one in a series of talks on topics that we thought might be helpful to you today I'll be discussing unlawful detainer it's an eviction action usually used by landlords against defaulting tenants some of my clients call me up and ask if they can change the locks or just turn off the utilities but these self-help procedures in California are not allowed they're illegal the landlord must file an eviction lawsuit the eviction starts with the service of a written notice describing the default and giving the tenant a set period of time to cure it the minimum period of time is three days that's why it's sometimes referred to as a three day notice that time period can be extended if the parties agree to it so always check the lease before you send out the notice if the tenant does not cure the default within that set period of time the landlord files the eviction lawsuit and delivers it to the tenant the tenant has five days to file a response in the court sometimes this period can be extended depending on how you serve the lawsuit if the tenant files an answer in the unlawful detainer lawsuit the court will set a trial date within about 20 to 30 days after the landlord asks for it at the trial the landlord proves the default and receives an order from the court granting possession of the property back to the landlord this order is then enforced by the sheriff who conducts a lockout the sheriff shows up at the property after serving a little notice of his own enters the house uh sure is all of the people out and then allows the landlord to change the locks this process can be avoided if the tenant voluntarily leaves which is why some landlords offers cash for keys to tenants so that they will leave it sometimes is less expensive and a little quicker than the unlawful detainer process the unlawful detainer process can be delayed when the tenant files something other than an answer in the lawsuit or perhaps files a bankruptcy generally speaking though the landlord-tenant process takes about 30 to 45 days when it is delayed by the tenants bankruptcy or some other tenant maneuver it takes a little longer ultimately however the landlord will get possession from a defaulting tenant it's just a matter of time so if this situation applies to you give us a call thanks for listening
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