Legal Question in Landlord & Tenant Law in California

next step after 3 day pay or quit

gave roommate 3 day pay or quit, no answer,was`servered summons for unlawful detainer, 5 days are up, no answer, what do i do next


Asked on 5/26/09, 6:06 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: next step after 3 day pay or quit

You need to request entry of a default, and then obtain a judgment and a Writ of Possession. The procedure for doing so is too complex and long to lay out here. There are sites and books available that can help walk you through this - particularly look at the Nolo Press book on evictions. Alternatively, you can probably find an attorney in your area willing to substitute in as your attorney and prepare the necessary documents to get you a judgment and writ of possession. I would move quickly, however, as the tenant can still file an answer until you obtain your default, even after the five days are up.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 5/26/09, 6:59 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: next step after 3 day pay or quit

File for default. You must go to court and testify before the judge however to get an order for possession. Contact me directly.

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Answered on 5/26/09, 7:43 pm


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