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Ca. Landlord eviction help?

  
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Ca. Landlord eviction help?

Postby drystan » Thu Jul 19, 2012 5:46 pm

All experienced landlords in the state of CA. Will you please answer this question for me,I am having trouble getting a straight answer.I hired a eviction attorney and I want to know if he is telling me the truth. I thought once I gave him the money he would go to the courthouse and file my Unlawful Detainer and the clerk would give him the paperwork on the spot in order to give it to the process server to go and serve my tenant. It has been one week and two days and when I called him he said that he has not got the paperwork back from the courthouse yet. Don't you get the signed paperwork for the Unlawful Detainer the very day you walk into the courthouse or is there really some kind of wait that I do not know about. Thank You for any information.
drystan
 
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Ca. Landlord eviction help?

Postby luther » Thu Jul 19, 2012 5:49 pm

tell him you will go to court and get it yourself and you will visit his office for a refund.

NO MORE than that. See what he says
YOU are correct; when the plaintiff leaves the court house, they leave with the
serving documentation.

YOUR atty is lazy and perhaps incompetent
luther
 
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Ca. Landlord eviction help?

Postby gwynethpaltrow8 » Thu Jul 19, 2012 5:53 pm

There is no wait. You take the paperwork work in, they assign a case number, stamp the heck out of everything and hand it right back to you. You can them immediately serve it, there isn't any witing period at all for an unlawful detainer.
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Ca. Landlord eviction help?

Postby ingel » Thu Jul 19, 2012 6:11 pm

This is something you should know as a landlord. I recommend you pick up a book. Nolo Press has good ones.
ingel
 
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Ca. Landlord eviction help?

Postby marq » Thu Jul 19, 2012 6:14 pm

How it works.You either hand a 3 day pay or quit to tenant in person or you post the notice on the door and mail a copy to the address.After 3 business days if the tenant hasn't payed or quit the premises,you have the lawyer file for eviction with court clerk.he files,gets a court date,the tenant receives a summons usually by process server and/or is mailed to address.the tenant has the option to appear and try to fight it or if they are a no show and you prove in court reason(s) to evict a judgement is filed against tenant for eviction.a lock out date will be on paper work of eviction which will be posted on door.At date of lock out Sheriff will show up,escort the tenant out and lock the doors barring the tenant form entering.If property is left behind,tenant has thirty days to pay back rent and pick up property.If not paid,you can sell property for back rent and/or damages.

After lawyer files with court clerk,can take up to an average of 30 days for court date.Depending on pending cases,can take more or less time.Under current California law tenant can have either 24 hours to vacate,30 or 60 days to vacate depending on circumstances on why your evicting.
marq
 
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