Legal Question in Landlord & Tenant Law in California

eviction process

A tenant owes me $4000- (since 2000) we have been lenient for 5 years and

allowed them to pay a portion of the rent each month and the 5k is how

much they have accumulated. We want to evict them, and also want the

monies owed paid. How does this work? i know you get legal help, serve them

a 3 day notice to pay or quit. what happens if they don't give the money, or if

they do or don't reply? what is unlawful detainment? can someone please

provide me landlords legal rights?

what happens when you get a lawyer, they serve the tenant, and i don't like

how they are handeling the case (not returning my calls), will i get penalized

for switching to a new lawyer once they have already served them a 3 day

notice? how long does the eviction process take.

thank you to anyone who can advise me in this situation!


Asked on 11/04/05, 3:37 pm

2 Answers from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: eviction process

In California you can only sue for back rent owed in the past 12 months. Any rent owned beyond the past 12 months has been waived by you for purposes of unlawful detainer. However, you may sue in the small claims or municipal court for breach of contract to collect rent owed longer than 12 months ago. To start the process you must serve a three-day notice to pay or quit and put the EXACT amount of rent that is owed, with all credits and back sums due for ONLY the last twelve months. Call an attorney to do this properly. Don't waste your time trying to save money by doing it yourself. A good attorney should only cost about $500 to $600 to see the case through trial. Good Luck.

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Answered on 11/04/05, 5:35 pm
Randy Schlosser Law Office of RM Schlosser

Re: eviction process

In California an eviction must start with the proper service of a proper notice of violation of the lease. Then after the prescribed period, generally 3 days, an eviction is begun. The eviction process by an experienced eviction attorney usually takes 30-45 days to complete, including lockout by the sheriff.

My office emphasizes evitions and the cost for a general eviction without trial is $125 attorney fee plus costs, including all court fees and other fees. We can service all of California.

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Answered on 11/06/05, 12:32 am


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