Legal Question in Landlord & Tenant Law in California

Landlord/Eviciton Process

We have filled a 3 day pay or quit with no response. Then we filed a unlawful detainer which was served on Thursday 4/16/09. And now the tenants placed a $2000.00 cashier check under our door mat. They owe us back rent of 2434.00. We plan on Monday to turn in the service notice at the court. I just need to know do I keep the check and not cash till the court date, or do I return the check via certified mail. And finally is there another process I need to consider at this time...

Thanks


Asked on 4/18/09, 1:32 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Landlord/Eviciton Process

Return the check after photocopying it along with a note rejecting it (keep a copy of that, too). If the tenants don't answer the unlawful detainer complaint within 5 days after service, then file an application for entry of default and default judgment, along with a proposed judgment.

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Answered on 4/18/09, 1:55 pm


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