Legal Question in Landlord & Tenant Law in California

filing for unlawful detainer

I have posted a 3-day notice to pay or quit on the tenants front door and also sent it in the mail. I have not heard from the tenant, nor have I received the rent. His phone is shut off and it looks as though he has not been to the house because the notice is still in the crack of the door. It will be three days tomorrow, but I have never actually had to evict because usually tenants get scared into paying just with the notice. How do I file for unlawful detainer (assuming that is the next step), and do I need a lawyer?


Asked on 2/20/08, 10:53 pm

5 Answers from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: filing for unlawful detainer

Mr.Cohen has given you excellent advice.

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Answered on 2/21/08, 10:01 am
Larry Rothman Larry Rothman & Associates

Re: filing for unlawful detainer

You should have an attorney assist you with the unlawful detainer since any errors in the forms may cause you a delay in obtaining possession of the premises. Please contact us if you need assistance or have any questions concerning the process.

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Answered on 2/21/08, 11:16 am
Stanley Moerbeek The Law Offices of Stanley L Moerbeek

Re: filing for unlawful detainer

With eviction out-of-pocket costs (e.g. filing fees, service costs, etc.) so high, and with the prospect of possibly having to do the whole case over again if you fail to properly handle all aspects of the eviction procedure, it is extremely advisable for you to hire a lawyer to proceed with your eviction case.

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Answered on 2/21/08, 11:41 am
Lew Wiener Law Office of Lewis R Wiener

Re: filing for unlawful detainer

While you could get the Nolo Press book on Evictions- this is an area that is quite dangerous to try by yourself.

There are a lot of technical matters to be considered- and if you dont do everything correctly you could lose a lot more in lost rent than you would have to pay a lawyer to do it for you.

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Answered on 2/21/08, 2:35 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: filing for unlawful detainer

Lawyers generally will do it for a reasonable price. There are a lot of technical issues that, if you don't do it exactly right, you might have to start from square one.

You can find the forms on the Judicial Council forms website. Good luck!

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Answered on 2/21/08, 1:00 am


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