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California Landlord's Law Book: Evictions »

Book cover image of California Landlord's Law Book: Evictions by David Brown

Authors: David Brown
ISBN-13: 9781413309348, ISBN-10: 1413309348
Format: Other Format
Publisher: NOLO
Date Published: March 2009
Edition: (Non-applicable)

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Author Biography: David Brown

David Brown practices law in the Monterey, California area, where he has represented both landlords and tenants in hundreds of court cases -- most of which he felt could have been avoided if both sides were more fully informed about landlord/tenant law. Brown, a graduate of Stanford University (chemistry) and the University of Santa Clara Law School, also teaches law at the Monterey College of Law and is the author of Fight Your Ticket (CA version), Beat Your Ticket (the national version), The Landlord's Law Book, Vol. 1: Rights and Responsibilities; The Landlord's Law Book, Vol. 2: Evictions and co-author of How to Change Your Name in California and The Guardianship Book for California.

Book Synopsis

The highly praised, step-by-step guide to evicting a problem tenant.

Sooner or later, every landlord is faced with handling an eviction. The California Landlord's Law Book: Evictions shows you how to proceed every step of the way.

Step by step and in plain English, this book explains the different legal grounds for eviction and provides all the forms and instructions necessary to:

*prepare and serve 3-, 30-, 60- or 90-day notices
*file an unlawful detainer complaint in court
*win by default if the tenant doesn't respond
*handle a contested case
*represent yourself in court
*deal with eviction-delaying tactics
*collect the unpaid rent after you win

Still the only step-by-step guide through the California eviction process, the 11th edition reflects current law, and provides the latest information, forms and instructions you need.

San Francisco Chronicle

An up-to-date book such as this is as necessary as a rent receipt book or a good repair person.

Table of Contents

1. Evictions in California: An Overview
A. The Landlord's Role in Evictions
B. Proceed With Caution When Evicting a Tenant
C. When Not to Use This Book
D. A Reason for Which You Must Evict: Drug Dealing
E. Evictions in Rent Control Cities
F. Evicting Roommates
G. Evicting a Resident Manager
H. Attorneys and Eviction Services
I. How to Use This Book

2. Eviction for Nonpayment of Rent
A. Overview of the Process
B. Preparing the Three-Day Notice to Pay Rent or Quit
C. Serving the Three-Day Notice on the Tenant
D. After the Three-Day Notice Is Served
E. When to File Your Lawsuit

3. Eviction by 30-Day or 60-Day Notice
A. Overview of the Process
B. When a Tenancy May Be Terminated With a 30-Day or 60-Day Notice
C. Impermissible Reasons to Evict
D. 30-Day, 60-Day and 90-Day Notices
E. Rent Control Ordinances
F. Should You Use a Three-Day, 30-Day or 60-Day Notice?
G. Preparing the 30-Day or 60-Day Notice
H. Serving the Notice
I. When to File Your Lawsuit

4. Eviction for Lease Violations, Property Damage, or Nuisance
A. When to Use This Chapter
B. The Two Types of Three-Day Notices
C. Using the Three-Day Notice to Perform Covenant or Quit
D. Using and Preparing an Unconditional Three-Day Notice to Quit
E. Serving the Three-Day Notice (Either Type)
F. Accepting Rent After the Notice Is Served
G. When to File Your Lawsuit

5. Eviction Without a Three-Day or Other Termination Notice
A. Lease Expiration
B. Termination by the Tenant
C. Checklist for Uncontested “No-Notice” Eviction

6. Filing and Serving Your Unlawful Detainer Complaint
A. How to Use This Chapter
B. When to File Your Unlawful Detainer Complaint
C. Where to File Suit
D. Preparing the Summons
E. Preparing the Unlawful Detainer Complaint
F. Preparing the Civil Case Cover Sheet
G. Getting the Complaint and Summons Ready to File
H. Filing Your Complaint and Getting Summonses Issued
I. Serving the Papers on the Defendant
J. What Next?

7. Taking a Default Judgment
A. When Can You Take a Default?
B. The Two-Step Default Judgment Process
C. Getting a Default Judgment for Possession
D. Having the Marshal or Sheriff Evict
E. Getting a Money Judgment for Rent and Costs

8. Contested Cases
A. What Is Involved in a Contested Eviction Case
B. Should You Hire an Attorney?
C. How to Settle a Case
D. The Tenant's Written Response to an Unlawful Detainer Complaint
E. Responding to the Answer
F. Other Pretrial Complications
G. Preparing for Trial
H. The Trial
I. The Writ of Execution and Having the Sheriff or Marshal Evict
J. Appeals
K. Tenant's Possible Relief From Forfeiture

9. Collecting Your Money Judgment
A. Collection Strategy
B. Using the Tenant's Security Deposit
C. Finding the Tenant
D. Locating the Tenant's Assets
E. Garnishing Wages and Bank Accounts
F. Seizing Other Property
G. If the Debtor Files a Claim of Exemption
H. Once the Judgment Is Paid Off

10. When a Tenant Files for Bankruptcy
A. When a Tenant Can File for Bankruptcy
B. Making a Motion for Relief From Stay in Bankruptcy Court

Appendix 1. Rent Control Chart
Appendix 2. How to Use the CD-ROM
Appendix 3. Tear-Out Forms

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