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 unlawful detainer. Show all posts
Showing posts with label unlawful detainer. Show all posts
Monday, March 23, 2009
Friday, February 27, 2009
Legal Eaze #26 Gossip/ Rental Occupant
Title: July 13, 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 or fax them to (661)825-8880.
Q. I have lived in Tehachapi for 27 years. People I barely know have spread hate gossip about me shortly after I moved here. I could not afford to move away so I installed a video security system on my property. On several occasions my system was vandalized. On one occasion, I even have one of the youth who committed the vandalism on camera. Despite knowing who the culprits are, law enforcement officials will not help me obtain reimbursement for the cameras I have had to buy over and over again. Having to replace my cameras has been a costly ordeal for me. I am disabled and elderly and having trouble with the financial burden as well as the harassment suffered at the hands of my neighbors. Do you have any suggestions as to what I can do?
A. The police cannot help you recorder money you have lost in replacing your cameras. The only way available to you is to sue the one fellow you know has vandalized your video security system. If he is a minor, then you would have to sue his parents. If the amount claimed is below $5,000, you can sue in small claims court, the fastest and most cost-efficient way. As for the harassment, you are being the victim of, you can file a civil temporary restraining order (TRO) against the neighbors who are committing the harassment. You have to be specific as to the conduct you claim is harassing to you. If the court sees it your way, you will obtain the TRO but if the conduct you are complaining of does not rise to the standard requirements for the court to issue the TRO, you are out of luck.
Q. I have a rental occupied by a tenant who is causing a lot of trouble and noise. The neighbors are constantly calling the police on him and complained to me that he is disturbing their peace. He pays his rent on time and has been there a long, so what should I do?
A. I realize you probably like to keep him as a tenant, but if your neighbors decide to sue for breach of the “covenant of quiet enjoyment and disturbing their peace”, they might add you as a defendant because you are keeping your tenant in possession of your rental, and you are aware of the problems he has caused. I hope you have a lease. Read the lease carefully, and if you have a cause that says” no illegal activities allowed”, I suggest you file an Unlawful Detainer action against on that ground.
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 or fax them to (661)825-8880.
Q. I have lived in Tehachapi for 27 years. People I barely know have spread hate gossip about me shortly after I moved here. I could not afford to move away so I installed a video security system on my property. On several occasions my system was vandalized. On one occasion, I even have one of the youth who committed the vandalism on camera. Despite knowing who the culprits are, law enforcement officials will not help me obtain reimbursement for the cameras I have had to buy over and over again. Having to replace my cameras has been a costly ordeal for me. I am disabled and elderly and having trouble with the financial burden as well as the harassment suffered at the hands of my neighbors. Do you have any suggestions as to what I can do?
A. The police cannot help you recorder money you have lost in replacing your cameras. The only way available to you is to sue the one fellow you know has vandalized your video security system. If he is a minor, then you would have to sue his parents. If the amount claimed is below $5,000, you can sue in small claims court, the fastest and most cost-efficient way. As for the harassment, you are being the victim of, you can file a civil temporary restraining order (TRO) against the neighbors who are committing the harassment. You have to be specific as to the conduct you claim is harassing to you. If the court sees it your way, you will obtain the TRO but if the conduct you are complaining of does not rise to the standard requirements for the court to issue the TRO, you are out of luck.
Q. I have a rental occupied by a tenant who is causing a lot of trouble and noise. The neighbors are constantly calling the police on him and complained to me that he is disturbing their peace. He pays his rent on time and has been there a long, so what should I do?
A. I realize you probably like to keep him as a tenant, but if your neighbors decide to sue for breach of the “covenant of quiet enjoyment and disturbing their peace”, they might add you as a defendant because you are keeping your tenant in possession of your rental, and you are aware of the problems he has caused. I hope you have a lease. Read the lease carefully, and if you have a cause that says” no illegal activities allowed”, I suggest you file an Unlawful Detainer action against on that ground.
Sunday, January 4, 2009
Legal Eaze #14 Evicting/ Child Support
Originally Printed: January 26, 2005
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She operates her law practice from her home office in Alpine Forest, 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.
Q. I have a tenant in one of my rental homes who has a two-year lease with option to purchase the home. He has made substantial improvements to the home, increasing its value. However, he is a drug user and the house has become a haven for his drug-addicted friends. I want to evict him but I want to do it legally and fairly. What do I do?
A. The following clauses should be in your lease agreement: 1. Forbidding illegal activities during the tenancy. 2. Your approval was needed before your tenant could make any improvements to the property. Do you have proof that drugs are being used on the property? If so, you can evict him on that ground. Give him a 30-Day Notice to Vacate. If the does not vacate at the end of the 30 Days, file an Unlawful Detainer action. If you approved of the improvements made to the property, you may have to pay him for the services he rendered, which will complicate the action.
Q. My husband is not paying the child support he was ordered to pay. He quit his job so he would not have to pay for child support just to spite me. I am working two jobs but can’t make ends meet, and my two kids are suffering needlessly. What should I do?
A. Did you husband go back to court and make a Motion to modify the amount he has to pay in child support? If he did not, he is still obligated to pay the child support he was ordered to pay and you can ask Child Support Services to collect the arrearages and the child support you are entitled to. It is unfortunate that many people refuse to work in order to avoid paying their child support obligations, however, if they are able to work yet have voluntarily quit their jobs just to frustrate their children’s needs, they can go to jail, lose their driver’s license, lose their occupational license, etc. There is a great effort by the governmental authorities to see that parents take their responsibility to support their children seriously and the consequences of not doing so are severe. Child Support Services are a little slow, but they do a commendable job of bringing wayward parents back in line. Contact them immediately, especially if you cannot afford to hire a private attorney.
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She operates her law practice from her home office in Alpine Forest, 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.
Q. I have a tenant in one of my rental homes who has a two-year lease with option to purchase the home. He has made substantial improvements to the home, increasing its value. However, he is a drug user and the house has become a haven for his drug-addicted friends. I want to evict him but I want to do it legally and fairly. What do I do?
A. The following clauses should be in your lease agreement: 1. Forbidding illegal activities during the tenancy. 2. Your approval was needed before your tenant could make any improvements to the property. Do you have proof that drugs are being used on the property? If so, you can evict him on that ground. Give him a 30-Day Notice to Vacate. If the does not vacate at the end of the 30 Days, file an Unlawful Detainer action. If you approved of the improvements made to the property, you may have to pay him for the services he rendered, which will complicate the action.
Q. My husband is not paying the child support he was ordered to pay. He quit his job so he would not have to pay for child support just to spite me. I am working two jobs but can’t make ends meet, and my two kids are suffering needlessly. What should I do?
A. Did you husband go back to court and make a Motion to modify the amount he has to pay in child support? If he did not, he is still obligated to pay the child support he was ordered to pay and you can ask Child Support Services to collect the arrearages and the child support you are entitled to. It is unfortunate that many people refuse to work in order to avoid paying their child support obligations, however, if they are able to work yet have voluntarily quit their jobs just to frustrate their children’s needs, they can go to jail, lose their driver’s license, lose their occupational license, etc. There is a great effort by the governmental authorities to see that parents take their responsibility to support their children seriously and the consequences of not doing so are severe. Child Support Services are a little slow, but they do a commendable job of bringing wayward parents back in line. Contact them immediately, especially if you cannot afford to hire a private attorney.
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