Legal Question in Landlord & Tenant Law in California
request/counter-request to set date for trial- unlawful detainer
I am in the process of evicting a tenant, and served her with all the proper papers and just received a court date. If she doesn't show up on the court date saying that she never received anything from the courts is that a valid excuse for her to delay the eviction or will I get a default judgement?
she told my husband that she is trying to stay as long as possible without paying rent or until we give her $8K for her moving expenses. So im afraid that she will lie saying she didn't receive anything in the mail and the courts have no way to prove it because they send all mail docs via regular mail instead of certified mail.
Thanks so much in advance!
1 Answer from Attorneys
The court assumes that anything it sends out did go to the address on the communications and that a party will check to see what is happening if the matter is to be set for trial, etc. The judge will guess based upon her demeanor as to whether she is telling the truth. Why don't you mail her via certified mail a copy of the court's notice of the trial date, slip a copy under her door, e-mail her, and leave a message on her phone [being sure that someone overhears what you say or that you tape record it [once she answers, you must tell her if you are taping the conversation].
I assume that the property is not under rent control or a law that requires you to pay moving expenses. If you did not check her references before, look up on the web or go to the superior court building to see if she has other unlawful detainer suits against her and speak to her former landlords. Get some estimates as to how much it would cost her to move, including if you rented the truck and hired some laborers to move the items, and then offer to compromise with her as to the cost. No, it is not fair that she is able to shake you down, but renting is a business and if you can save money by getting her out sooner, do it.
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