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LANDLORD’S GUIDE TO UNLAWFUL DETAINERS (C.C.P. Sect. 1159-1179a)

LANDLORD’S GUIDE TO UNLAWFUL DETAINERS (C.C.P. Sect. 1159-1179a). FLOW CHART. Notice File and Serve Summons and Complaint If Answer Filed: Set Case for Trial If No Answer: Entry of Default Judgment Writ of Possession Eviction. 3 DAY NOTICE TO PAY OR QUIT (CCP §1161.2).

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LANDLORD’S GUIDE TO UNLAWFUL DETAINERS (C.C.P. Sect. 1159-1179a)

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  1. LANDLORD’S GUIDE TO UNLAWFUL DETAINERS(C.C.P. Sect. 1159-1179a)

  2. FLOW CHART • Notice • File and Serve Summons and Complaint • If Answer Filed: • Set Case for Trial • If No Answer: • Entry of Default • Judgment • Writ of Possession • Eviction

  3. 3 DAY NOTICE TO PAY OR QUIT(CCP §1161.2) • Unpaid Rent During Last 12 Months • Amount Must be Exact • Manner of Payment • Notice of Forfeiture

  4. NOTICE WAIVED, CHANGED, OR CANCELED • Extension of time to pay • Acceptance of partial payment • Acceptance of rent after expiration of notice • Additional request for payment after expiration of notice

  5. 3 DAY NOTICETO COMPLY OR QUIT (CCP §1161.3) • Curable breach (e.g. subletting, parking in wrong area, maintenance issues, pets) • Must be stated in the alternative (i.e. choice to correct or vacate) • Specify violation

  6. 3 DAY NOTICE TO QUIT • Non-Curable Breach (CCP §1161.2) • Nuisance • Illegal activity • Health and safety issues • Excessive damage to property • Eviction of Previous Owner (CCP §1161a(b)) • Specify Cause for the Notice

  7. 30/60/90 DAY NOTICE OF TERMINATION • 30 Day Notice [Civil Code §1946.1(c)]: • Terminate Month-to-Month Rental • Less Than 1 Year of Residency • No Reason Required

  8. 30/60/90 DAY NOTICE OF TERMINATION • 60 Day Notice [Civil Code §1946.1(d)]: • Month-to-Month Rental • Residency of One Year or More • Mobile Home Park Tenants • 90 Day Notice • After Foreclosure (tenants only) • Subsidized Housing (Section 8)

  9. SUMMONS AND COMPLAINT • Only after the Notice expires • 5 Day Summons (C.C.P. Sect. 1167) • Verification • Service

  10. MANNER OF SERVICE • Personal • Substituted • Mail and Acknowledgement of Receipt of Service • Posting and Mailing

  11. DEFAULT JUDGMENT FOR POSSESSION • Request for Entry of Default • Judgment • Application for Issuance of Writ of Possession • Writ of Execution/Possession

  12. EXECUTION OF WRIT • Sheriff’s Instructions for Eviction • Writ of Possession • Forms and Fees May be Submitted with Default Package

  13. EXECUTION OF WRIT • Service of Writ and Posting of 5 Day Notice to Vacate • Sheriff will remove all occupants • Sheriff Post Notice on Window

  14. EVICTING LODGERS • 30 or 60 Day Notice to Quit • Only where there is one lodger • Sheriff authorized to remove lodger • Civil Code §1946.5; Penal Code §602.3

  15. ABANDONED PERSONAL PROPERTY • Notice of Right to Reclaim Personal Property • If Tenant Demands Return of His Property • If Tenant Does Not Respond to Notice • Property worth less than $300 • Property worth more than $300 • Motor Vehicles

  16. SECURITY DEPOSIT • Time to Return Deposit • Itemized Accounting • Allowable Deductions

  17. Q & A

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