Can a lock-out by a tenant be delayed?

A tenant can delay a scheduled lock-out by requesting the court to temporarily delay the process. This is called a "stay of execution" and is often used by clever tenants to further delay the process. The tenant must file the stay as soon as they receive the Sheriff's notice giving the 5 days to leave [...]

By |2018-06-17T17:49:38-07:00December 3rd, 2017||Comments Off on Can a lock-out by a tenant be delayed?

What do I do after a Writ of Execution has been issued by the court?

The Writ of Execution gives the landlord the right to retake possession of the property. Once the court has issued a Writ of Take, this document should be taken to the local Sheriff’s office. The Sheriff will need to serve the Writ on the tenant and provide the tenant with notice to move out within [...]

By |2018-06-17T17:49:38-07:00December 3rd, 2017||Comments Off on What do I do after a Writ of Execution has been issued by the court?

What if the tenant does not respond to the eviction complaint?

If the tenant does not file an Answer to the complaint or other type of written response with the court, the landlord can ask the court to enter a default judgment. When requesting a default judgment in an unlawful detainer/eviction case, the landlord must serve the tenant with a copy of the Request for Default. [...]

By |2018-06-17T17:49:38-07:00December 3rd, 2017||Comments Off on What if the tenant does not respond to the eviction complaint?

How do I file an unlawful detainer complaint with the court?

A California landlord can file an unlawful detainer complaint by completing and filing various required forms with the county Superior Court where the property is located. These forms include a Summons, Complaint, and Civil Case Cover sheet. The court keeps the original documents and will provide the landlord with a copy to serve on the [...]

By |2018-06-17T17:49:38-07:00December 3rd, 2017||Comments Off on How do I file an unlawful detainer complaint with the court?

How do I get an unlawful detainer trial date?

If the tenant files an answer with the court, the landlord must then request the court schedule a trial. This is done by filing a Request/Counter Request to Set Case for Trial -Unlawful Detainer with the Superior Court Clerk. Once received, a trial is usually set within 21 days of the request.

By |2018-06-17T17:49:38-07:00December 3rd, 2017||Comments Off on How do I get an unlawful detainer trial date?

What is the first step to evict a tenant?

Landlords are required to provide a tenants with formal legal notice to vacate premises before they can file an unlawful detainer action case. The tenant must receive written notice of the reason they are being evicted. The reason can be for non-payment of rent, noise, illegal activity or simply because the landlord want to terminate [...]

By |2018-06-17T17:49:38-07:00December 3rd, 2017||Comments Off on What is the first step to evict a tenant?

What is a Beneficiary in Real Property Transactions?

In real property transactions, a beneficiary typically refers to the lender or bank who is named in a Deed of Trust. Every Deed of Trust will identify a named beneficiary who typically receives the deed of trust in exchange for their loaning money to a homeowner. In real estate transactions, the beneficiary list on a [...]

By |2018-06-17T17:49:38-07:00August 13th, 2017||Comments Off on What is a Beneficiary in Real Property Transactions?

What is the difference between a Grant Deed and a Deed of Trust?

A Grant Deed transfers title ownership of real property from the current owner to the new owner. A deed can also relinquish a co-owner's interest in real property to another existing co-owner. When a person or entity purchases real property, a Grant Deed is recorded showing them as the new owner of the property. On [...]

By |2018-06-17T17:49:38-07:00August 13th, 2017||Comments Off on What is the difference between a Grant Deed and a Deed of Trust?

How to Write an “Open Check”

Sometimes our office may ask that you write an "open check" payable to the court or other agency to whom you are paying a filing fee. The reason we ask for an "open check" is that we are not sure of the exact amount the court will want to process your paperwork. In lieu of [...]

By |2019-09-11T14:45:48-07:00August 10th, 2017||Comments Off on How to Write an “Open Check”

What is the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA)?

The Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) was created to help prevent one parent from going to a different state with the couple's children and then filing a custody action. Under the Uniform Child Custody Jurisdiction Enforcement Act, the court will look to see which state the child resided in and was the child’s [...]

By |2018-06-17T17:49:38-07:00July 2nd, 2017||Comments Off on What is the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA)?