LANDLORDS GUIDE TO UNLAWFUL DETAINERS C C P

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

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

3 DAY NOTICE TO PAY OR QUIT (CCP § 1161. 2) Unpaid Rent During Last 12 Months n Amount Must be Exact n Manner of Payment n Notice of Forfeiture n

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

3 DAY NOTICE TO COMPLY OR QUIT (CCP § 1161. 3) n Curable breach (e. g. subletting, parking in wrong area, maintenance issues, pets) n Must be stated in the alternative (i. e. choice to correct or vacate) n Specify violation

3 DAY NOTICE TO QUIT n Non-Curable Breach (CCP § 1161. 2) n n n Nuisance Illegal activity Health and safety issues Excessive damage to property Eviction of Previous Owner (CCP § 1161 a(b)) Specify Cause for the Notice

30/60/90 DAY NOTICE OF TERMINATION n 30 Day Notice [Civil Code § 1946. 1(c)]: Terminate Month-to-Month Rental n Less Than 1 Year of Residency n No Reason Required n

30/60/90 DAY NOTICE OF TERMINATION n 60 Day Notice [Civil Code § 1946. 1(d)]: Month-to-Month Rental n Residency of One Year or More n Mobile Home Park Tenants n n 90 Day Notice After Foreclosure (tenants only) n Subsidized Housing (Section 8) n

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

MANNER OF SERVICE n Personal n Substituted n Mail and Acknowledgement of Receipt of Service n Posting and Mailing

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

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

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

EVICTING LODGERS n 30 or 60 Day Notice to Quit n Only where there is one lodger n Sheriff authorized to remove lodger n Civil Code § 1946. 5; Penal Code § 602. 3

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

SECURITY DEPOSIT n Time to Return Deposit n Itemized Accounting n Allowable Deductions

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