Legal Question in Landlord & Tenant Law in California
I already filed the Unlawful Detainer and the court date is for Sept. 23rd.
The Flow Chart for Unlawful Detainer states that I should file Requesto to Enter Default and have Judgment by Default by Court form ready for the Judge to sign along with other forms before the Court. It's overwhelming and need help. Because the tenants owe 5 months rent, I don't have money to pay a lawyer. I'm trying to save the property. Do I just go to the court to request these forms?
The tenants are not cooperating and although they have moved everything out of
the property, they say I cannot go in to clean and repair. They already closed
their utility accounts and are in my name. I went to the property on Saturday to
begin to clean up and they showed up, threatening to call the police if I did not
leave. I went by the property yesterday because the windows were left open. To
my surprise, the front door, the sliding door in the dining room, and the sliding door in the master bedroom were all open and so were all of the windows. They
are very mean people and desire for someone to come in to vandalize. Can I
change the locks and begin to clean up and prepare the house for new tenants
before the Sept. 23rd court date?
1 Answer from Attorneys
A Request for Entry of Default form is a standard Judicial Council form that can be found at http://www.courtinfo.ca.gov/forms/ . You might look into the law that concerns serving a notice of belief that property has been abandoned. You have a right to secure your property from vandalism, however.
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