Title: May 10, 2006
Q. How long does an unlawful detainer lawsuit take once it has been filed?
A. Once the case has been filed, the entire process from start to finish could take anywhere from 30 to 45 days, depending on whether the tenant files an answer to the Unlawful Detainer Complaint. An answer is due within 5 days from the time the complaint is served on the tenant. If the attorney representing the landlord is on top of everything, a Memorandum to set the case for trial is filed with the court immediately after the answer is received and the court will set the case for trial usually within two to three weeks. Once the case is tried, a judgment will be rendered by the court. If the tenant loses the case, he or she will have a short period of time within which to move out, usually one week. If the tenant does not move out in time, the sheriff will post a notice to move out within one week. If the tenant is still not out one week later, the sheriff will escort the tenant out, giving back possession of the unit the landlord. Unlawful detainer actions have priority because of the urgency of the landlord to get back the unit occupied by the tenant. Every day the tenant is in possession costs the landlord money.
Q. Can I be evicted for having another family member reside in my apartment when the manager is aware of the additional person?
A It depends on your lease agreement. If the lease agreement does not mention how many people are to live in the premises, then it does not matter how many people live there. If the lease agreement specifies how many persons are to reside on the premises, but it is not enforced, just make sure that you obey all rules and regulations and the additional person might not be a bother to the landlord. Although the manager is aware of the additional person, if this person does not cause any problems or conflicts, an eviction should not be feared. However, if the present manager is removed and another manager takes his place, then beware. The safe thing to do is to get formal permission from the landlord to have that additional family member living on your premises. The lease could be reformed, or that family member could simply be added to the existing lease.
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880.
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