Legal Question in Landlord & Tenant Law in California

Here Comes the Judge

Hi, I�m going to court Monday the 19th as the plaintiff on an unlawful detainer and I was wondering the right procedures to go through when I�m in front of the judge, the eviction is for non payment of rent for the last 2 months and she is still in the apartment, hasn�t moved a thing.


Asked on 9/15/05, 4:29 pm

2 Answers from Attorneys

Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Here Comes the Judge

You'll have to testify that a 3day notice was served by posting or personally, that the rent is $xyz, that within 3days of the notice the tenant paid nothing or offered only a partial payment, that you thereafter filed suit and that the $xyz rent is fair market value and the daily rental value is (xyz divided by 30days). That tenant is still living there. Good Luck.

Read more
Answered on 9/15/05, 6:06 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Here Comes the Judge

In addition to what my friend, Mr. Iadevaia, suggests, you should tell the judge that you desire that the lease be forfeited, that you want to regain possession of the property, tell the judge the amount of back rent stated in the 3-day notice, calculate the amount of rent (damages) owed since that rent was due, the cost of serving the defendant and the cost of filing the lawsuit, and the cost of your attorney, if any (if the lease provides for attorney fees) even if you only consulted with an attorney. Provide the judge with the three-day notice and the lease. More than likely, the tenant won't even show up. Good luck.

Read more
Answered on 9/16/05, 1:17 am


Related Questions & Answers

More Landlord & Tenants questions and answers in California