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| Subject:
Eviction Process
Category: Miscellaneous Asked by: noel2254-ga List Price: $25.00 |
Posted:
15 Feb 2006 10:00 PST
Expires: 17 Mar 2006 10:00 PST Question ID: 446192 |
I need to know how long this process takes and what are my rights as a landlord/agent in the State of California. The tenants (whom were acquaintance's), have not paid any money toward rent, wrote me a postdated check for the Security Deposit and have now denied me access to the home and have changed the locks. I left a message that stated I needed to come into the house, that was given 24 hours prior. When I arrived, I was told I could not come in, the tenant tried to argue and told me I needed to have my attorney contact her and then she would contact her attorney, she then slammed the door. When I left she called me back and told me she had contacted the police and filed some sort of incident report and if I were to return it would be considered "Trespassing". They are paying no utilities. I have already served the following: A 3-day Right to Pay or Quit (they did not move out), and now we filed the Complaint for Unlawful Detainer (5 days ago). I understand they have 5 days to respond. But then what is our obligation and the time frame, and how can we get these people out of the home without having to spend alot more money and how long is this process going to take? We are losing income every day, not to mention the legal fees mounting up. And then how do we get them to pay? especially since I have no SS#'s or anything? (I know I have learned my lesson this time, Thank you!!!!)Thank you so much for your responses. |
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| There is no answer at this time. |
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| Subject:
Re: Eviction Process
From: daniel2d-ga on 15 Feb 2006 23:27 PST |
What legal fees? You need an attorney to handle this for you. You are losing too much money not to have an attorney. From your questions and statements you are in over your head. After you get them out and have a judgement then you can try to collect from them. With no social security numbers or other information it might be hard to track them down. If you know where they work that would be a plus. Follow them one morning to see where they work. Your attorney would most likely get all that information in court. |
| Subject:
Re: Eviction Process
From: noel2254-ga on 21 Feb 2006 11:19 PST |
So far I have paid the attorney $1500.00 in legal fees. We are losing $2400.00 a month, the tenants have been in there for over 2 months now and don't appear to be budging. We weren't able to serve them with the Unlawful Detainer until last Wednesday, 2/15/06, because they had ducked the Processor Server 7 times. I think my lawyer is great, just didn't want to use the $225.00 an hour to clarify all my questions. He has basically told me what needs to be done. However, we would like to have access to our property to check to see if there is damage. Can I just call up tenants and tell them to give me a key(it states in lease if they change locks they are to provide us with a key) or that I will be down with my locksmith and that I need entry to make an inspection. Or just wait out the legal process? |
| Subject:
Re: Eviction Process
From: cynthia-ga on 21 Feb 2006 14:47 PST |
I've seen this done. I'd hire an eviction specialist. Have you seen the film Pacific Heights? Summary (rent this, you might get some ideas) http://www.imdb.com/title/tt0100318/plotsummary |
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