Get An Attorney To File Your Unlawful Detainer

As a residential landlord, it is important that you know what steps to take if a tenant is not paying their rent

. You can post a 3-day notice to pay rent or quit, but if the notice does not strictly comply with each and every specific requirement under the Civil Code, it will be defective. After posting, the tenant will usually come forward with the money, but if they still do not pay it is important that you know what your options are. Some landlords will try and handle the issues themselves by filling a complaint for an unlawful detainer, while others will seek the help of an unlawful detainer processing service. While these both may seem cheaper, the most cost effective choice is to hire an attorney in Los Angeles. An experienced landlord-tenant attorney can navigate through the difficult waters of the legal system and help avoid the landlords case from being dismissed on a technicality. If the case drags on, so do the landlords losses from a non-paying tenant.

After the three day notice period expires, the landlord no longer has an obligation to accept the rent. If the goal of the landlord is to have the tenant removed all together, they need to quickly move forward with the unlawful detainer process so as to minimize lost rental income. In the unlawful detainer complaint, the landlord must also include the signed copy of the 3 day notice and any written lease. The following day the tenant must be served personally with the Summons and Complaint by someone that is not a party to the action. The tenant will then be given five days to answer.

So, after the five days that the tenant has been given to respond has come and past, the landlord has the right to request a default and then get a judgment for possession. The landlord can then provide the sheriff with this kick out order, in which the tenant then has 5 days to vacate the premises. After the five days is up, the tenant has the choice to either peacefully leave or be forcefully removed by the sheriff. The landlord now gets possession of the property back. After the tenant has been removed, the landlord can take the chance to calculate all the damages minus the security deposit a request a money judgment from the court.

If the tenant files an answer to the unlawful detainer Summons, the wheels of justice will turn more slowly. The landlord can then have the matter set for trial and will provide the dates of unavailability and the tenant will have the chance to counter with dates of unavailability as well. The action will then be decided in court. As you can see, the process of an unlawful detainer can be quite complex. If you are a landlord and ready to make the right choices in filing an unlawful detainer action, then you can get more information at www.SmallBusinessLaw.org. In residential actions, they only represent landlords, but do represent small business tenants.

by: david moore

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