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Know Your Rights. It goes without saying, but take some time to know your rights as a tenant. Keep Good Records. Make Sure Notice is Proper. Service of the Unlawful Detainer. Talking to an Attorney. Managing Partner Lipton Legal Group, A PC Beverly Hills, CA.
A Forcible Entry and Detainer is an action that a landlord, or new property owner can take if the existing occupant refuses to leave after appropriate notice. ? This occupant could be either a tenant or original owner of property that was sold at a foreclosure or trustee's sale.
Courts commonly refer to eviction actions as "forcible entry and detainer" or "unlawful detainer" actions. The legal theory is that the landlord alleges the tenant unlawfully continues to have use and possession of the rental property, and the landlord seeks the assistance of the court to have the tenant removed.
The final court judgment is at least five years old and the tenant doesn't owe any money that was included in the judgment; The landlord and tenant made an agreement in court and the tenant complied with all of the terms of the agreement, including paying any money owed; or.
Forcible detainers are usually filed and served when the landlord is alleging that the tenant has stayed in her apartment without her permission.Like a proceeding for unlawful detainer, forcible detainer is a summary proceeding and the tenant must file a responsive pleading within five days after being served.
If you have an eviction record on your background, you can petition the court in the county where the case was filed to have the record expunged, or sealed. This typically requires filing a petition with the court and paying a filing... Hopefully I can at least get my money back if he is not going to help.
Home Government County Court Evictions. FORCIBLE ENTRY AND DETAINER: (Evictions) In a forcible entry and detainer, the tenant must be given a Notice to Leave the Premises. A three day notice is required if the tenant is in breach of any agreement, written or oral, i.e. non-payment of rent, utilities, etc.
If you file an eviction (unlawful detainer) case and you decide you do not want to move forward, you can ask the court to dismiss the case.You included more than one tenant in your eviction case but have decided you only want to evict one or some of them, so you dismiss the case as to the others.