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Sign up at www.nolo.com/legalupdater Check www.nolo.com/update to find recent changes in the law that affect the current edition of your book Nolo Customer Service To make sure that this edition of the book is the most recent one, call us at 800-728-3555 and ask one of our friendly customer service representatives Or find out at www.nolo.com please note We believe accurate, plain-English legal information should help you solve many of your own legal problems But this text is not a substitute for personalized advice from a knowledgeable lawyer If you want the help of a trained professional—and we’ll always point out situations in which we think that’s a good idea—consult an attorney licensed to practice in your state 12th edition The California Landlord’s Law Book: Evictions by Attorney David Brown edited by Janet Portman twelfth eDItION february 2007 editor JaNet POrtmaN book Design terrI hearsh Production margaret lIvINgstON CD-rOm Preparation elleN bItter Proofreading rObert wells Index mIChael ferreIra Cover Photography tONya Perme (www.tonyaperme.com) Printing Delta PrINtINg sOlutIONs, INC brown, David wayne, 1949the California landlord’s law book evictions / by David brown ; edited by Janet Portman. 12th ed p cm IsbN-13: 978-1-4133-0570-8 IsbN-10: 1-4133-0570-9 landlord and tenant California Popular works eviction California Popular works I Portman, Janet II title III title: landlord’s law book Iv title: evictions KfC145.Z9b762 2007 346.79404'34 dc22 2006047126 Copyright © 1986, 1989, 1990, 1993, 1994, 1996, 1997, 2000, 2002, 2004, 2005, and 2007 by David brown all rights reserved Printed in the usa No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without the prior written permission of the publisher and the author reproduction prohibitions not apply to the forms contained in this product when reproduced for personal use Quantity sales: for information on bulk purchases or corporate premium sales, please contact the special sales department for academic sales or textbook adoptions, ask for academic sales, 800-955-4775 Nolo, 950 Parker street, berkeley, Ca 94710 Acknowledgments this book could not have been published without the generous assistance of many people a special thank you to mary randolph, steve elias, Jake warner, marcia stewart, Patricia gima, and Janet Portman, who all tirelessly read the entire manuscript several times and made numerous helpful suggestions, nearly all of which were incorporated If you ind this book easy to follow and enjoyable to read (well, not like a novel), mary, steve, Jake, marcia, Patricia, and Janet deserve most of the credit thanks also to robin leonard, amy Ihara, John O’Donnell, barbara hodovan, Kate thill, Carol Pladsen, stephanie harolde, Julie Christianson, David Cole, ann heron, Jack Devaney, susan Quinn, alison towle, and especially toni Ihara and terri hearsh, who were responsible for the layout of this book Ira serkes, past president of the rental housing association of Contra Costa County, read the manuscript and made helpful suggestions martin Dean, of martin Dean essential Publishers, Inc., generously gave us permission to reprint one of their forms About the Author David brown practices law in the monterey, California, area, where he has represented both landlords and tenants in hundreds of court cases—most of which he felt could have been avoided if both sides were more fully informed about landlord/tenant law brown is a graduate of stanford university (chemistry) and the university of santa Clara law school he is the author of Fight Your Ticket and Win in California and Beat Your Ticket (national), and the coauthor of The California Landlord’s Law Book: Rights & Responsibilities and The Guardianship Book, all published by Nolo Table of Contents Evictions in California: An Overview The Landlord’s Role in Evictions Proceed With Caution When Evicting a Tenant When Not to Use This Book A Reason for Which You Must Evict: Drug Dealing Evictions in Certain Cities Evicting Roommates Evicting a Resident Manager Attorneys and Eviction Services How to Use This Book Eviction for Nonpayment of Rent Overview of the Process 12 Preparing the Three-Day Notice to Pay Rent or Quit 12 Serving the Three-Day Notice on the Tenant 18 After the Three-Day Notice Is Served 23 When to File Your Lawsuit 24 Eviction by 30-Day or 60-Day Notice Overview of the Process 26 When a Tenancy May Be Terminated With a 30-Day or 60-Day Notice 26 Impermissible Reasons to Evict 26 30-Day, 60-Day, and 90-Day Notices 28 Rent Control and Just Cause Eviction Ordinances 30 Should You Use a Three-Day, 30-Day, or 60-Day Notice? 35 Preparing the 30-Day or 60-Day Notice 35 Serving the Notice 38 When to File Your Lawsuit 39 Eviction for Lease Violations, Property Damage, or Nuisance When to Use This Chapter 42 The Two Types of Three-Day Notices 42 Using the Three-Day Notice to Perform Covenant or Quit 44 Using and Preparing an Unconditional Three-Day Notice to Quit 45 Serving the Three-Day Notice (Either Type) 48 Accepting Rent After the Notice Is Served 49 When to File Your Lawsuit 52 Eviction Without a Three-Day or Other Termination Notice Lease Expiration 54 Termination by the Tenant 56 Checklist for Uncontested “No-Notice” Eviction 56 Filing and Serving Your Unlawful Detainer Complaint How to Use This Chapter 60 When to File Your Unlawful Detainer Complaint 60 Where to File Suit 60 Preparing the Summons 61 Preparing the Complaint 65 Preparing the Civil Case Cover Sheet 78 Getting the Complaint and Summons Ready to File 80 Filing Your Complaint and Getting Summonses Issued 82 Serving the Papers on the Defendant 82 What Next? 94 Taking a Default Judgment When Can You Take a Default? 96 The Two-Step Default Judgment Process 97 Getting a Default Judgment for Possession 97 Having the Marshal or Sheriff Evict 110 Getting a Money Judgment for Rent and Costs 111 360 THE CALIFORNIA LANDLORD’S LAW BOOK: EVICTIONS sheriff eviction by, 110–111, 182–183 fees for, 110 levying on a vehicle instructions for, 200 service of process by, 83–84 writ of execution (money judgment) instructions for, 196 writ of execution (possession) instructions for, 110 See also marshal signatures Complaint, 78 three-Day Notice to Pay rent, 17–18 single-family residences, rent control for, 223 60-day notice eviction checklist for, 26–27 Declaration in support of Default Judgment, 123–124 money judgment amounts, 112–113 60-day Notice of termination of tenancy cancellation of, 146 in Complaint, 72 damage to property as grounds for, 34 defects, 142 drug-dealing tenants evicted with, 42 exceptions to, 29 just cause evictions, 30–35 preparation of, 35–38 rent control ordinance provisions for, 35 to resident managers, service of, 38–40 for tenancies of a year of more, 29 termination of tenancy with, 26 three-day notice vs., 35, 42 waiver of, 146 when to use, 26, 29, 35 small claims courts, 61 social security administration deposits, 200 spouse property to be occupied by, 32–33 service of process by, 83 three-Day Notice to Pay rent or Quit listing of, 17 stipulation for entry of Judgment binding of, 139 completing of, 138–139 court appearance for, 139–140 description of, 135 subsidized tenancies, 26, 28–30 substituted service of Complaint, 73, 86, 89, 96 deinition of, 86 response time, 96–97 of summons, 86, 88–89, 96 30- and 60-day Notice of termination of tenancy, 39 three-Day Notice to Pay rent, 22, 24 three-Day Notice to Perform Covenant or Quit, 49 three-Day Notice to Quit, 49 subtenant, 6, 69 summary Judgment motion court procedures, 159, 170 declaration, 151–152 eligibility for, 151 iling fee for, 151 granting of, 151 hearing date, 151–152 Judgment following granting of motion for summary Judgment, 162–166 memorandum of Points and authorities, 152 Notice of motion for summary Judgment, 151–158 Order granting motion for summary Judgment, 160–161 overview of, 151–152 papers for, 152, 159 service of, 152, 159 writ of execution, 159, 168–169 summons actions after receiving, 94 copies of, 80 defects in, 141 defendants listed on, 61 deinition of, 61 iling of, 80, 82 motion to quash service of, 140–141 personal service of, 84, 86 persons who must be served, 82 plaintiff listed on, 61–62 “posting-and-mailing” service of, 89–91, 94 preparation of, 13, 61–65 Proof of service, 85, 89, 92–94 property manager’s preparation of, 65 response to, 86, 89, 96 serving of, 82–94 substituted service of, 86, 88–89, 96 unknown occupants served with, 82–83 who may serve, 83–89 superior Courts, 60–61, 80 T telephone directories, 189 tenancy ixed-term, 26, 54 of less than a year, 28–29 periodic, 2, 26 of a year or more, 29 See also month-to-month tenancy; termination of tenancy INDEX tenants accusations by, 133 afirmative defenses by, 143, 146 appeals by, 183 assets of, 190–195 contact with, during eviction, defenses used by, 2, 143, 146, 173 drug dealing by, 4, 35, 42 of former property owners, 3–4 forwarding address of, 189 how to ind, 18–190 laws in favor of, lawsuits by, 44 lease, 4, locating of, 18–190 maliciousness of, 76–77 military, 101 negotiation with, 26, 135, 139–140 paying to leave, personal belongings of, 111, 182 summons listing of, 61 termination of tenancy by, 29 See also Defendants; unknown occupants termination of tenancy damage to property as grounds for, 34 government-subsidized tenancies, 29–30 illegal activity on property as grounds for, 34 nonpayment of rent as grounds for, 32 owner moving into the property as grounds for, 32–33 refusal to allow access to property as grounds for, 32 relatives of owner moving into the property as grounds for, 32–33, 35 remodeling of property as grounds for, 33, 35 in rent control cities, 30–35 selling of property and, 29 with 60-day notice, 26 by tenant, 29, 56 with 30-day notice, 26 in unlawful detainer suits, See also 90-day Notice of termination of tenancy; 60-day Notice of termination of tenancy; 30-day Notice of termination of tenancy, 34 terms of tenancy changes to, 70–71 in Complaint, 67, 69–70 testimony, 181 30-day notice eviction checklist for, 26–27 Declaration in support of Default Judgment, 123–124 money judgment amounts, 112–113 361 30-day Notice of termination of tenancy cancellation of, 146 in Complaint, 71–72 damage to property as grounds for, 34 defects, 142 drug-dealing tenants evicted with, 42 expiration of, 72 illegal activity on property as grounds for, 34 just cause evictions, 30–35 late rent acceptance and, 38 preparation of, 35–38 reduction of notice period, 29 refusal to allow access to property as grounds for, 32 remodeling of property as grounds for, 33, 35 rent control ordinance provisions for, 35 rental agreement violations, 34 to resident managers, service of, 38–40 for tenancies of less than a year, 28–29 by tenant, 56 after tenant’s notice to terminate tenancy, 56 three-day notice vs., 35, 42 waiver of, 146 when to use, 26, 28–29, 35 thousand Oaks, 222, 245–246 three-Day Notice to Pay rent actions after service of, 23–24 cancellation of, 146 defects, 142 deinition of, 12 illing out, 17–18 good-faith mistakes in, 19 late charges and, 21 late rent acceptance and, 12, 20–21, 23, 146 mistakes in, 12 omitting of information on, 18 persons who can serve, 21 “posting-and-mailing” service, 22–24 preparation of, 12–18 Proof of service, 18–19 refusal to accept rent, 22–23, 146 rent calculations, 14–15 rent control cities, 15–17 rent paid in full after, 23 requirements, 12, 14 to resident managers, roommates, 21 serving of, 14, 18, 20–23 signing of, 17–18 60-day notice vs., 35, 42 substituted service of, 22, 24 tenant moves out after, 23–24 362 THE CALIFORNIA LANDLORD’S LAW BOOK: EVICTIONS tenant’s name listed in, 17 30-day notice vs., 35, 42 timing of, 20 uncontested, 12–13 waiver of, 146 when to use, 35 who should receive, 21 three-Day Notice to Perform Covenant or Quit accepting rent after serving of, 49 in Complaint, 71 description of, 42, 44 preparation of, 45 rent control ordinance requirements, 44 service of, 48–49 when to use, 44–45 three-Day Notice to Quit accepting rent after serving of, 49 in Complaint, 71 description of, 44 preparation of, 45, 48 service of, 48–49 situations that warrant, 45, 48 treble damages, 76 trial appeals after, 183 burden of proof in, 172, 179 closing arguments, 182 countermemo to set request, 170 courtroom layout, 180 discovery requests, 170–171 evidence presented at, 179 judge’s decision, 182 Judgment—unlawful Detainer, 174–178 jury, 148, 170 late-minute motions, 180 length estimations, 148 opening statements, 180 postponement of, 170 preparations for, 171–179 presentation of case at, 181–182 proving of case at, 172–173 request to set Case for trial, 147–151 scheduling of, 148 tenant moves out before request for, 147–148 testimony at, 181 writ of execution, 182–183 U unconditional entry of judgment, 135, 140 unconditional notice See three-Day Notice to Quit unknown occupants Complaint listing of, 67 Prejudgment Claim of right to Possession given to, 83, 110 serving of, 82–83 summons listing of, 61 unlawful detainer assistant Complaint preparation by, 78 description of, summons preparation by, 65 unlawful detainer lawsuit by city attorney, contesting of, by district attorney, in drug dealing cases, iling of, 24, 39–40, 52, 60–61 judgment, 101–104 reasons for, 12 response to, 96 summons, 61–65 termination of tenancy, when to start, 24, 39–40 where to ile, 60–61 unlisted phone number directory, 189 V “vacancy decontrol,” 223 vehicle registration Information request, 200 vehicles, levying on, 199–200 voter registration records, 189 W wage garnishments, 195–199 waiver and cancellation defense, 146 warranty of habitability, breach of, 146, 171, 173, 179 websites court, 61 credit-reporting agencies, 190 inding tenants using, 188–189 west hollywood, 222, 247–249 westlake village, 250 wife See spouse INDEX witnesses default hearing, 126 direct examination of, 181 motions to exclude, 180 tenant as, 181 writ of execution (money judgments) instructions to sheriff, 196 preparation of, 195–196 sample, 194 summary Judgment motion, 159 writ of execution (possession) application for, 107–109 bankruptcy ilings and, 207 copies of, 104 deinition of, 104 eviction by sheriff or marshal, 110–111 iling fee for, 107 issuance of, 104 posttrial, 182–183 preparing of, 101, 104, 107 summary Judgment motion, 168–169 363 m o r e f r o m N O L O LeaseWriter Plus Windows CD-ROM Software $79.99/LWD2 If you rent living space to tenants, don’t depend on ill-in-the-blank forms to provide you with the legal protections you need—turn to LeaseWriter Plus! 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