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.
Showing posts with label 30 days. Show all posts
Showing posts with label 30 days. Show all posts
Monday, March 23, 2009
Friday, February 27, 2009
Legal Eaze #25 Schizophrenia Again/Paternity
Title: June 29, 2005
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com.
A very nice lady wrote me a letter about the schizophrenic young man I talked about in my last “Legal Eaze” column. She informed me that there are very few available hospital beds for the mentally ill, and they are only available for the most seriously mentally ill, i.e. must be s serious danger to self, to others or gravely disabled, in other words cannot feed, shelter and dress themselves.
She explained that she has a son who has been ill with schizophrenia for 28 years and it has been a long and difficult road in attempting to provide the help and the care her son requires. She suggested that the only legal solution available to desperate parents is to obtain a restraining order against a mentally ill adult child. Obviously, this would entail homelessness or ending up in the criminal justice system. Our jails and prisons are filled with mentally-ill inmates, who in the past were cared for in state hospitals. Unfortunately, these state hospitals have pretty much been all closed, leaving the mental patients to fend for themselves. However, she mentioned Luann Baldwin, MSW, a family advocate with Kern County Mental Health Dept., who can be reached at (661)868-6109. Also mentioned is a group called NAMI (Nat’l Alliance for the Mentally Ill), which meets in Tehachapi once a month. This is a local, state and national organization providing support, education and advocacy for consumers and family members. For more information about this organization, call (661)822-5391. I apologize for previously misinforming my readers.
Q. I have been sued for paternity by a woman I dated last year after she broke up with her boyfriend of many years. She told me almost from the beginning that she was pregnant by this man. Now, she has sued me for child support. I am not the father of this child and I do not want to pay child support for a child that is not mine. What can I do?
A. You need to respond to the Paternity lawsuit within 30 days from service of process by explaining that you are not the father of the child and that the woman who is suing you admitted to you that she was impregnated by another man. Specify that you want a DNA test to prove that you are not the father. These DNA tests are very accurate and if you are telling the truth, you will be exonerated. Good luck.
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com.
A very nice lady wrote me a letter about the schizophrenic young man I talked about in my last “Legal Eaze” column. She informed me that there are very few available hospital beds for the mentally ill, and they are only available for the most seriously mentally ill, i.e. must be s serious danger to self, to others or gravely disabled, in other words cannot feed, shelter and dress themselves.
She explained that she has a son who has been ill with schizophrenia for 28 years and it has been a long and difficult road in attempting to provide the help and the care her son requires. She suggested that the only legal solution available to desperate parents is to obtain a restraining order against a mentally ill adult child. Obviously, this would entail homelessness or ending up in the criminal justice system. Our jails and prisons are filled with mentally-ill inmates, who in the past were cared for in state hospitals. Unfortunately, these state hospitals have pretty much been all closed, leaving the mental patients to fend for themselves. However, she mentioned Luann Baldwin, MSW, a family advocate with Kern County Mental Health Dept., who can be reached at (661)868-6109. Also mentioned is a group called NAMI (Nat’l Alliance for the Mentally Ill), which meets in Tehachapi once a month. This is a local, state and national organization providing support, education and advocacy for consumers and family members. For more information about this organization, call (661)822-5391. I apologize for previously misinforming my readers.
Q. I have been sued for paternity by a woman I dated last year after she broke up with her boyfriend of many years. She told me almost from the beginning that she was pregnant by this man. Now, she has sued me for child support. I am not the father of this child and I do not want to pay child support for a child that is not mine. What can I do?
A. You need to respond to the Paternity lawsuit within 30 days from service of process by explaining that you are not the father of the child and that the woman who is suing you admitted to you that she was impregnated by another man. Specify that you want a DNA test to prove that you are not the father. These DNA tests are very accurate and if you are telling the truth, you will be exonerated. Good luck.
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