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
1 Answer from Attorneys
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.