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Q: Eviction Process ( No Answer,   3 Comments )
Question  
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.
Answer  
There is no answer at this time.

Comments  
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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