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<blockquote data-quote="recoveringenabler" data-source="post: 722291" data-attributes="member: 13542"><p>CB, here's some info I found which may ease your mind a bit. You have many rights as a tenant in the state of CA. Get to know them and don't let anyone intimidate you. </p><p>You have too much going on at once, completely understandable that you broke down. Now that you have calmed down, understand that you have rights. You did a great job talking to the woman, continue demanding legal documents. Sending hugs......</p><p></p><p></p><p><img src="http://www.caltenantlaw.com/wp-content/uploads/ctl_header_2.png" alt="" class="fr-fic fr-dii fr-draggable " style="" /></p><p><span style="font-size: 22px"><strong>Unlawful Detainer (Eviction)</strong></span></p><p><span style="font-size: 15px"><strong>Eviction – the Unlawful Detainer process</strong></span></p><p><span style="font-size: 12px"></span></p><p><span style="font-size: 12px"><strong><img src="http://www.caltenantlaw.com/wp-content/uploads/320px-3D_Judges_Gavel-150x150.jpg" alt="" class="fr-fic fr-dii fr-draggable " style="" /></strong></span></p><p><span style="font-size: 12px"><strong><span style="font-size: 12px"><strong>First Step – Get out of Victim Mode</strong></span></strong></span></p><p><span style="font-size: 12px"><strong>Chances are, you’re panicked at the moment because the landlord has started evicting you. You feel like a victim. If you feel intimidated or threatened by the process, you’re normal. You don’t know what to expect, and the landlord acts like he’s holding all the cards. You’ve heard rumors about how it goes. It’s like walking in the dark, and things are hitting you in head. We’re going to turn on the floodlights, give you a map, show you where the safe spots are and how to avoid the danger zones, and get you where you want to be.</strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong>You can’t have fun doing this if you’re intimidated. The goal here is to replace your fear and anxiety with knowledge, a strategy, a clear plan, and enjoyment of the game you’ve just been invited to play. Yes, it’s a game, and one that you can win in real terms. The downside is real, certainly, but <em>not</em> the end of the world. Usually, your worst case scenario is that you have to move to another location, and continue with life there. Yes, having to move is such a hassle, sometimes an expensive one. Nobody likes moving. However, it’s not something you couldn’t have <em>chosen</em> to do, in your own sweet time. And there we are: you might want to move, but just not yet. Most clients have lots of fun doing this, driving the landlord crazy.</strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong>Try to have an open mind. You may think that you don’t have a chance to win, but only because <u>you don’t know</u>. For example, contrary to popular belief, winning a case over nonpayment of rent is actually the <u>easiest</u> for the tenant to win: a defective notice, prior illegal late fees or repairs that you made, uninhabitable conditions that exist now, unsatisfied citations by the building or health department, illegal structures, unlicensed managers, unregistered fictitious business names, miscalculations, waivers, special agreements with the prior landlord, unsigned leases, confusing lease languages, illegal lease terms, rent control requirements,…the list goes on and on. One little mistake in the landlord’s case and you win, even if the real reason you didn’t pay is because you didn’t have the money.</strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong>Winning, in reality, is getting what you want, or getting the best with what you’ve got. It’s about practical consequences, not just winning the trial. While you’re fighting the eviction, you’re not paying any rent, so you can save up to move and take the time to look around. Just by fighting the eviction, you’re gaining the time to take it easy, the pressure is off, and you can calmly look for a new place, if that’s your plan. You’re watching your frustrated and angry landlord being held at bay ironically by the process he chose, rather than work things out with you, peacefully and reasonably. You’re seeing his embarrassed and confused lawyer scrambling to keep pace with your better tactics, while your landlord is wondering why he’s paying so much for a lawyer who is being outwitted by his unrepresented tenant. It’s hilarious. And then, on the day of trial, they buckle, and all their saber rattling comes to an end: you get what you wanted. I see it over and over again. All you need to do is play the game better that they do, and if you have a winning case, all the better!</strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"></span></p><p><span style="font-size: 12px"><strong><span style="font-size: 12px"><strong>The Second Step – Take Action</strong></span></strong></span></p><p><span style="font-size: 12px"><strong>The Eviction Process</strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong>Eviction is the means by which a landlord can legally get you to move out. If you win, you stay put. If you did <em>nothing</em> to stop it, you would lose but have <em>about a month</em> from the filing of the eviction lawsuit before you would be locked out by the Sheriff. If you fight it, getting 2-3 months more time [even if you lose] is easy. My record is now 4½ years [not a misprint]; it could have been longer were it not for judicial corruption, and that case is now on appeal. That was an unusual situation, for sure, but eviction cases lasting for several months to more than a year are not uncommon. Each case depends on the facts, the law, the Plaintiff’s lawyer, the judge, the clerks and what you want to invest in getting the additional time.</strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong>As shown in the diagram below, eviction usually starts with a notice, then goes to a lawsuit called an “unlawful detainer”, or “UD” for short. If you win, you stay in possession and the landlord has to reimburse you for your legal costs. If you lose, the Sheriff has to give you a 5-day notice before a lockout, and finally you leave. You can go back and get your stuff after being locked out. While you’re in this process, you pay no rent; you still owe it, but it stays in your pocket. You can use that money to pay for legal expenses to fight the eviction [thanks, Mr. Landlord!] and to pay for moving, if you choose to do that.</strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong>Landlords try to <em>scare</em> you into moving, and not fighting it, because they know how much hassle you can give them, and how expensive it can be to get you out. Here are the common myths:</strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong>(1) The landlord CANNOT lock you out, remove your property, remove doors or windows, or turn off utilities to get you out, in lieu of court; Civil Code 789.3 prohibits that [for residential tenants] and makes the landlord liable to you for actual costs plus $100 per day that it continues, and the police will back you on this one [Penal Code 484].</strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong>(2) The landlord CANNOT have the police or Sheriff arrest you for overstaying your welcome, instead of going to court. The Sheriff may be used to <em>serve</em> the eviction papers, but anything beyond that awaits the court’s determination, first.</strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong>(3) The landlord CANNOT barge in and start doing major construction to make it impossible to live there, or otherwise interfere with your quiet enjoyment to force you out; Civil Code 1940.2 prohibits that, and makes the landlord liable for $2000 for each such attempt, in addition to your actual losses. The police will back you on this one, too [Penal Code 484].</strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong>(4) The landlord CANNOT threaten to report you to immigration authorities or other law enforcement, nor make any other threat to get you out. Civil Code 1940.2 prohibits that, and makes the landlord liable for $2000 for each such attempt, in addition to your actual losses. The police will back you on this one, as well [Penal Code 518].</strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong>If the landlord wants you out, he can negotiate with you, wait for you to go, or take his chances in court with the UD.</strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong>1. <a href="http://www.caltenantlaw.com/LegalServices.htm#!/~/product/category=2707002&id=11768220" target="_blank">Basic Eviction Defense Kit</a> [click]</strong></span></p><p><span style="font-size: 12px"></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong>If you are low on funds and cannot afford to hire a lawyer, at all, the Eviction Defense Kit on this site is your best option. The Kit explains all of your defenses, your strategy, how to fill out the forms, how to conduct discovery, how to prepare for trial, how to pick a judge, how to present yourself at trial, and what happens afterwards. It has the Answer form and form interrogatories, along with some organizational forms. Even if you also hire a lawyer, the Kit gives you details about the process which will put you at ease and help you work with the lawyer.</strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong>Pros: The Kit is only $20, and can be purchased online from this website. It comes back immediately as an Acrobat “pdf” attachment to an email, like a vending machine. You pull up the Kit on your computer and print out what you want, fill in the forms on your computer, and you have professional-looking, and properly prepared papers for your case.</strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong>Cons: The Kit does <u>not</u> include the motion to strike, demurrer, motion for relief from default, motion for automatic stay, appeal documents, other discovery devices, motions to compel, and other papers which a lawyer needs to prepare for you. Therefore, using the Kit will get you to trial in about 2-3 weeks, not 2-3 months. If time is a strong consideration, getting the Kit is probably not your best option.</strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong>2. <a href="http://www.caltenantlaw.com/LegalServices.htm#!/~/product/category=2707002&id=11768231" target="_blank">The Deluxe Eviction Defense Kit </a>[click] </strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong>The $120 Deluxe Eviction Defense Kit is the basic kit <u>plus</u> detailed instructions on how to do your own jury trial [or regular trial if you prefer]. Preparing for the trial, jury instructions, witness and exhibit lists, opening statements, presenting evidence, testifying, and more are explained in plain and simple language. Even if you need more help, knowing the process in advance in such straight-forward and logical terms takes all the fear out of the process. When you walk in confident, ready to go, especially when the landlord was expecting you to be scared to death, he knows he’s in trouble.</strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong>Pros: For a small portion of what you pay in rent each month, it’s a lot of clout. Realize that the landlord has to pay his lawyer $5,000 or more to do what you’re doing on a shoestring budget. You Answer the Complaint, make your landlord answer your Interrogatories, and then make him go through a very expensive and risky jury trial while you have spent so little and are confident. It’s a great understanding of the law and process.</strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong>Cons: It’s still not like having a lawyer doing it for you in person or even remotely. There is no way that even a Deluxe kit could include the motions that could extend the time, since the proper papers depend on the technicalities and individual circumstances. Also, most clients find it helpful to have me prepare some of the jury documents for them and give them a final organizational consultation.</strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong>3. <a href="http://www.caltenantlaw.com/Client.htm" target="_blank">Consultation and Drafting by Ken Carlson [Click]</a></strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong>You can hire Ken Carlson to consult with you and draft papers for you in a piecemeal basis or (b) call him on the Hotline on a per-minute basis. You begin with a phone consultation, after faxing or scanning and emailing the paperwork to him. He then evaluates whether a motion to quash or demurrer is your best choice for a first paper, and gives you an overall strategy and complete understanding of your defenses. If you choose the piecemeal basis, you pay him to prepare the paperwork at the set rates, and pay for each consultation at $100 per half-hour,. You take responsibility for monitoring your own case, and when the next papers are due. If you choose the Hotline, Ken can answer most questions without an appointment being necessary, although it costs 50% more for this “rush job” contact. When it comes time to go to trial, Ken helps you find a trial lawyer to “substitute in” and appear on your behalf, just like the big law firms do it. Ken brings that lawyer up to speed.</strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong>Pros: This is the least expensive way to get the most time in possession. You have the benefit of Ken’s expertise, both in the drafting of the paperwork and the strategy for your particular case. Buying time gives you breathing room to look around for another place, if you wish, as well as permits a more thorough discovery process to make you better prepared for trial. Often, the landlord’s paperwork is riddled with flaws, which are not apparent even to the typical lawyer, but Ken often gets the judge to order the landlord to start over again, and perhaps even again after that. Since you are not paying for Ken to drive to and sit around in court, or haggle with the other lawyer over the phone, you get the essential benefit of having a lawyer without the wasteful parts of litigation. If you don’t excessively use his time, you can often achieve the months of extra time at a small fraction of what your rent would have been, so that you can save up for a move while still affording his legal assistance. You save the costs of gas and parking coming to a law office, because everything done by is phone, fax, e-mail, and regular mail. For those who have video-conferencing through their computer, a virtual face-to-face consultation is available. For cases in the Los Angeles area where Ken used to practice, his personal relationships with many of the lawyers can help resolve things in an amicable fashion, or warn the landlord that this may be a hellish experience.</strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong>Cons: For some people, having the lawyer in a face-to-face meeting is important, and worth the extra money. Ken’s consultations are all over the phone, except if you wnt to have a video Skype consultation. The paperwork is exchanged by e-mail or fax, but not in person. Ken cannot appear in court for you for two good reasons: (1) he is busy just handling the website and these types of cases, and (2) it is economically infeasible for Ken to travel all around the State in each courthouse where his client’s cases are. The other lawyer talks to <u>you</u> [i.e., not to Ken, unless you hire Ken to negotiate directly for you] so you may not know what to say, or how to handle things when caught off guard. For some of the minor hearings before trial, the other lawyer may take advantage of the fact that you don’t know how to handle some of the technicalities, or exploit the judge’s bias, and get a minor victory. However, for those situations, you can set up a “lifeline” or use the Hotline, and call Ken from the courthouse on the spot to get help right then.</strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong>4. <a href="http://www.caltenantlaw.com/tenantlawyers.htm" target="_blank">Hiring a Local Lawyer</a> [click]</strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong>The California Tenant Law website contains the most complete list of lawyers who will represent tenants in California. The list is arranged by geographic region, and then by city, with no particular order after that. Each listing has the name, address, and telephone number of the lawyer, and if they have it, their e-mail and website address. If there are restrictions by these lawyers on the type of case, it is shown. Many of them represent both landlords and tenants, as Ken did, but some only represent tenants. Since this website is NOT a lawyer referral service, there is NO recommendation made.</strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong>Pros: Having a lawyer handle the case from the beginning has the primary advantage of continuity, and a secondary benefit of the interpersonal contact. The lawyer has you in their office in a face-to-face meeting, which is more comfortable for some people than merely talking over the phone or through e-mails. You can watch the lawyer in action in other tenants’ cases, and get a better idea of that lawyer’s skill and ability. You can drive to the lawyer’s office to pick up or drop off original papers and photos, rather than wait for the mail to deliver them, where timing is critical. When the other lawyer makes contact, he/she talks to your lawyer, not you. Therefore, you are less vulnerable to unfair manipulation in person or before the judge in those minor pre-trial hearings.</strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong>Cons: The main disadvantage of having a lawyer officially representing you is the cost. You are paying either a large flat fee or on an hourly basis for whatever they do for you. A small court hearing can easily cost you $500 between the travel time, parking fees, and waiting time in court, in addition to the document preparation and consultations with you. Also, telephone calls and letters from the other lawyer, or witnesses, or the Court are all billable time for your lawyer, even if they don’t advance your case very much, and you could have handled it yourself. There is a lot of wasted time in the legal system which is unavoidable for your lawyer, who is responsible to handle all of it. You can’t “help”. Also, the interpersonal relationship you begin with may disintegrate as your lawyer has the secretary or paralegal making contact with you, or the lawyer has phone consultations with you, anyway. If you come on an appointment, you may have to wait for the prior consultation to finish, or for the lawyer to get back from court where the hearing took longer than expected. Much of the work by the lawyer’s office may be done by subordinate staff, rather than the lawyer, who may just glance over it and sign. The local lawyers may not have the expertise that someone like Ken does, so the quality of work may not be as good, despite the much higher cost.</strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong>The point is that when you delay, and you get the time you want, it is best to settle your case, with the intent to give you the kind of closure you would like. You certainly don’t want an old debt haunting you as you try to go on with life. There are ways around these problems, of course. Lots.</strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong>By You:</strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong>If you win the eviction case, the landlord has to at least reimburse you for your court filing fees. If the rental agreement or your defense permit attorney fees, you are entitled to an award of reasonable attorney fees as well, even if you don’t have an official attorney [Mix v. Tumanjan], such as where Ken is helping you. This is a money judgment which you can collect in a number of ways, including sending the Sheriff to the landlord’s bank and taking money from his account, having the Sheriff collect rents from your neighbors which the landlord would otherwise get, having the Sheriff take the landlord’s car and selling it, or having the Sheriff put the rental property up for sale at an auction. Each of these requires you to advance the costs, and some are more expensive than others. However, when you collect, the Sheriff adds those extra costs on the judgment amount being collected, so your landlord pays for your collection efforts. You can also put a lien on all the landlord’s property, so he can’t sell or refinance it without you being paid, and interest at 10% per year does accrue on his judgment as well.</strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong>Of course, you CAN make an agreement to deduct the judgment from your rent, or the landlord can simply write you a check for the full amount. Landlords just HATE to do that, because it’s like paying for the beating. They are, anyway, but that doesn’t keep them from hating it. After all, paying you money after losing a fight that they started was not what they had planned, and it leaves an understandably bad taste in their mouth, maybe enough not to try it again. You never know.</strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong><span style="font-size: 12px"><strong>Ready to take the next step? Contact Ken Carlson.</strong></span></strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong><span style="font-size: 12px"><strong>Legal Ethics Musical</strong></span></strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong><a href="http://www.legalethicsmusical.com/" target="_blank">Buy Now!</a></strong></span></p><p><span style="font-size: 12px"><strong><a href="http://www.legalethicsmusical.com/" target="_blank"><img src="http://www.caltenantlaw.com/wp-content/uploads/Square-300x229.png" alt="" class="fr-fic fr-dii fr-draggable " style="" /></a></strong></span></p><p><span style="font-size: 12px"><strong><a href="http://www.legalethicsmusical.com/" target="_blank">By Ken Carlson</a></strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong><span style="font-size: 12px"><strong>Free Information</strong></span></strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong><a href="http://www.caltenantlaw.com/unlawful-detainer/" target="_blank">Unlawful Detainer</a> - <a href="http://www.caltenantlaw.com/security-deposits/" target="_blank">Security Deposits</a></strong></span></p><p><span style="font-size: 12px"><strong><a href="http://www.caltenantlaw.com/landlord-intrusions/" target="_blank">Landlord Intrusions</a> - <a href="http://www.caltenantlaw.com/landlord-intrusions/" target="_blank">Repairs Needed</a></strong></span></p><p><span style="font-size: 12px"><strong><a href="http://www.caltenantlaw.com/for-sale" target="_blank">Property for Sale</a> - <a href="http://www.caltenantlaw.com/rent-control" target="_blank">Rent Control</a></strong></span></p><p><span style="font-size: 12px"><strong><a href="http://www.caltenantlaw.com/commercial-tenancies/" target="_blank">Commercial Tenancies</a> - <a href="http://www.caltenantlaw.com/mobilehome-disputes" target="_blank">Mobilehome Disputes</a></strong></span></p><p><span style="font-size: 12px"><strong><a href="http://www.caltenantlaw.com/breaking-your-lease" target="_blank">Breaking a Lease</a> - <a href="http://www.caltenantlaw.com/late-fees/" target="_blank">Late Fees</a></strong></span></p><p><span style="font-size: 12px"><strong><a href="http://www.caltenantlaw.com/temporary-leave" target="_blank">Temporary Leave</a> - <a href="http://www.caltenantlaw.com/general-tenant-rights" target="_blank">General Tenant Rights</a></strong></span></p><p><span style="font-size: 12px"><strong><a href="http://www.caltenantlaw.com/toxic-mold" target="_blank">Toxic Mold</a> - <a href="http://www.caltenantlaw.com/legal-information" target="_blank">Legal Information</a></strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong><span style="font-size: 12px"><strong>Inexpensive Legal Kits</strong></span></strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong><a href="http://www.caltenantlaw.com/store/#!/201-Basic-Eviction-Defense-Kit/p/11768220" target="_blank">Basic Eviction Defense Kit</a></strong></span></p><p><span style="font-size: 12px"><strong><a href="http://www.caltenantlaw.com/store/#!/203-Eviction-Trial-Kit/p/11768327" target="_blank">Eviction Trial Kit</a></strong></span></p><p><span style="font-size: 12px"><strong><a href="http://www.caltenantlaw.com/store/#!/202-Deluxe-Eviction-Defense-Kit/p/11768231" target="_blank">Deluxe Eviction Defense Kit</a></strong></span></p><p><span style="font-size: 12px"><strong><a href="http://www.caltenantlaw.com/store/#!/204-Security-Deposit-Recovery-Kit/p/11768374" target="_blank">Security Deposit Recovery Kit</a></strong></span></p><p><span style="font-size: 12px"><strong><a href="http://www.caltenantlaw.com/store/#!/Break-Your-Lease-Kit/p/46357924" target="_blank">Breaking Your Lease Book</a></strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong><span style="font-size: 12px"><strong>Legal Hotline</strong></span></strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong>California Tenant Law</strong></span></p><p><span style="font-size: 12px"><strong><a href="http://www.caltenantlaw.com/hotline/" target="_blank">Rates & Information ></a></strong></span></p><p><span style="font-size: 12px"><strong>(888) 693-8437 1 0472-5588</strong></span></p><p><span style="font-size: 12px"><strong>(888) My-Ether 1 0472-5588</strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong>Copyright 1999-2017 by Kenneth H. Carlson</strong></span></p><p><span style="font-size: 12px"><strong><a href="http://www.caltenantlaw.com/copyright-information" target="_blank">See Copyright Information</a></strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong>Apr 10, 2017 @ 4:07 am</strong></span></p><p><span style="font-size: 12px"><strong></strong></span></p></blockquote><p></p>
[QUOTE="recoveringenabler, post: 722291, member: 13542"] CB, here's some info I found which may ease your mind a bit. You have many rights as a tenant in the state of CA. Get to know them and don't let anyone intimidate you. You have too much going on at once, completely understandable that you broke down. Now that you have calmed down, understand that you have rights. You did a great job talking to the woman, continue demanding legal documents. Sending hugs...... [IMG]http://www.caltenantlaw.com/wp-content/uploads/ctl_header_2.png[/IMG] [SIZE=6][B]Unlawful Detainer (Eviction)[/B][/SIZE] [SIZE=4][B]Eviction – the Unlawful Detainer process[/B][/SIZE] [SIZE=3][B][/B] [B][IMG]http://www.caltenantlaw.com/wp-content/uploads/320px-3D_Judges_Gavel-150x150.jpg[/IMG][/B] [B][SIZE=3][B]First Step – Get out of Victim Mode[/B][/SIZE] Chances are, you’re panicked at the moment because the landlord has started evicting you. You feel like a victim. If you feel intimidated or threatened by the process, you’re normal. You don’t know what to expect, and the landlord acts like he’s holding all the cards. You’ve heard rumors about how it goes. It’s like walking in the dark, and things are hitting you in head. We’re going to turn on the floodlights, give you a map, show you where the safe spots are and how to avoid the danger zones, and get you where you want to be. You can’t have fun doing this if you’re intimidated. The goal here is to replace your fear and anxiety with knowledge, a strategy, a clear plan, and enjoyment of the game you’ve just been invited to play. Yes, it’s a game, and one that you can win in real terms. The downside is real, certainly, but [I]not[/I] the end of the world. Usually, your worst case scenario is that you have to move to another location, and continue with life there. Yes, having to move is such a hassle, sometimes an expensive one. Nobody likes moving. However, it’s not something you couldn’t have [I]chosen[/I] to do, in your own sweet time. And there we are: you might want to move, but just not yet. Most clients have lots of fun doing this, driving the landlord crazy. Try to have an open mind. You may think that you don’t have a chance to win, but only because [U]you don’t know[/U]. For example, contrary to popular belief, winning a case over nonpayment of rent is actually the [U]easiest[/U] for the tenant to win: a defective notice, prior illegal late fees or repairs that you made, uninhabitable conditions that exist now, unsatisfied citations by the building or health department, illegal structures, unlicensed managers, unregistered fictitious business names, miscalculations, waivers, special agreements with the prior landlord, unsigned leases, confusing lease languages, illegal lease terms, rent control requirements,…the list goes on and on. One little mistake in the landlord’s case and you win, even if the real reason you didn’t pay is because you didn’t have the money. Winning, in reality, is getting what you want, or getting the best with what you’ve got. It’s about practical consequences, not just winning the trial. While you’re fighting the eviction, you’re not paying any rent, so you can save up to move and take the time to look around. Just by fighting the eviction, you’re gaining the time to take it easy, the pressure is off, and you can calmly look for a new place, if that’s your plan. You’re watching your frustrated and angry landlord being held at bay ironically by the process he chose, rather than work things out with you, peacefully and reasonably. You’re seeing his embarrassed and confused lawyer scrambling to keep pace with your better tactics, while your landlord is wondering why he’s paying so much for a lawyer who is being outwitted by his unrepresented tenant. It’s hilarious. And then, on the day of trial, they buckle, and all their saber rattling comes to an end: you get what you wanted. I see it over and over again. All you need to do is play the game better that they do, and if you have a winning case, all the better! [/B] [B][SIZE=3][B]The Second Step – Take Action[/B][/SIZE] The Eviction Process Eviction is the means by which a landlord can legally get you to move out. If you win, you stay put. If you did [I]nothing[/I] to stop it, you would lose but have [I]about a month[/I] from the filing of the eviction lawsuit before you would be locked out by the Sheriff. If you fight it, getting 2-3 months more time [even if you lose] is easy. My record is now 4½ years [not a misprint]; it could have been longer were it not for judicial corruption, and that case is now on appeal. That was an unusual situation, for sure, but eviction cases lasting for several months to more than a year are not uncommon. Each case depends on the facts, the law, the Plaintiff’s lawyer, the judge, the clerks and what you want to invest in getting the additional time. As shown in the diagram below, eviction usually starts with a notice, then goes to a lawsuit called an “unlawful detainer”, or “UD” for short. If you win, you stay in possession and the landlord has to reimburse you for your legal costs. If you lose, the Sheriff has to give you a 5-day notice before a lockout, and finally you leave. You can go back and get your stuff after being locked out. While you’re in this process, you pay no rent; you still owe it, but it stays in your pocket. You can use that money to pay for legal expenses to fight the eviction [thanks, Mr. Landlord!] and to pay for moving, if you choose to do that. Landlords try to [I]scare[/I] you into moving, and not fighting it, because they know how much hassle you can give them, and how expensive it can be to get you out. Here are the common myths: (1) The landlord CANNOT lock you out, remove your property, remove doors or windows, or turn off utilities to get you out, in lieu of court; Civil Code 789.3 prohibits that [for residential tenants] and makes the landlord liable to you for actual costs plus $100 per day that it continues, and the police will back you on this one [Penal Code 484]. (2) The landlord CANNOT have the police or Sheriff arrest you for overstaying your welcome, instead of going to court. The Sheriff may be used to [I]serve[/I] the eviction papers, but anything beyond that awaits the court’s determination, first. (3) The landlord CANNOT barge in and start doing major construction to make it impossible to live there, or otherwise interfere with your quiet enjoyment to force you out; Civil Code 1940.2 prohibits that, and makes the landlord liable for $2000 for each such attempt, in addition to your actual losses. The police will back you on this one, too [Penal Code 484]. (4) The landlord CANNOT threaten to report you to immigration authorities or other law enforcement, nor make any other threat to get you out. Civil Code 1940.2 prohibits that, and makes the landlord liable for $2000 for each such attempt, in addition to your actual losses. The police will back you on this one, as well [Penal Code 518]. If the landlord wants you out, he can negotiate with you, wait for you to go, or take his chances in court with the UD. 1. [URL='http://www.caltenantlaw.com/LegalServices.htm#!/~/product/category=2707002&id=11768220']Basic Eviction Defense Kit[/URL] [click][/B] [B] If you are low on funds and cannot afford to hire a lawyer, at all, the Eviction Defense Kit on this site is your best option. The Kit explains all of your defenses, your strategy, how to fill out the forms, how to conduct discovery, how to prepare for trial, how to pick a judge, how to present yourself at trial, and what happens afterwards. It has the Answer form and form interrogatories, along with some organizational forms. Even if you also hire a lawyer, the Kit gives you details about the process which will put you at ease and help you work with the lawyer. Pros: The Kit is only $20, and can be purchased online from this website. It comes back immediately as an Acrobat “pdf” attachment to an email, like a vending machine. You pull up the Kit on your computer and print out what you want, fill in the forms on your computer, and you have professional-looking, and properly prepared papers for your case. Cons: The Kit does [U]not[/U] include the motion to strike, demurrer, motion for relief from default, motion for automatic stay, appeal documents, other discovery devices, motions to compel, and other papers which a lawyer needs to prepare for you. Therefore, using the Kit will get you to trial in about 2-3 weeks, not 2-3 months. If time is a strong consideration, getting the Kit is probably not your best option. 2. [URL='http://www.caltenantlaw.com/LegalServices.htm#!/~/product/category=2707002&id=11768231']The Deluxe Eviction Defense Kit [/URL][click] The $120 Deluxe Eviction Defense Kit is the basic kit [U]plus[/U] detailed instructions on how to do your own jury trial [or regular trial if you prefer]. Preparing for the trial, jury instructions, witness and exhibit lists, opening statements, presenting evidence, testifying, and more are explained in plain and simple language. Even if you need more help, knowing the process in advance in such straight-forward and logical terms takes all the fear out of the process. When you walk in confident, ready to go, especially when the landlord was expecting you to be scared to death, he knows he’s in trouble. Pros: For a small portion of what you pay in rent each month, it’s a lot of clout. Realize that the landlord has to pay his lawyer $5,000 or more to do what you’re doing on a shoestring budget. You Answer the Complaint, make your landlord answer your Interrogatories, and then make him go through a very expensive and risky jury trial while you have spent so little and are confident. It’s a great understanding of the law and process. Cons: It’s still not like having a lawyer doing it for you in person or even remotely. There is no way that even a Deluxe kit could include the motions that could extend the time, since the proper papers depend on the technicalities and individual circumstances. Also, most clients find it helpful to have me prepare some of the jury documents for them and give them a final organizational consultation. 3. [URL='http://www.caltenantlaw.com/Client.htm']Consultation and Drafting by Ken Carlson [Click][/URL] You can hire Ken Carlson to consult with you and draft papers for you in a piecemeal basis or (b) call him on the Hotline on a per-minute basis. You begin with a phone consultation, after faxing or scanning and emailing the paperwork to him. He then evaluates whether a motion to quash or demurrer is your best choice for a first paper, and gives you an overall strategy and complete understanding of your defenses. If you choose the piecemeal basis, you pay him to prepare the paperwork at the set rates, and pay for each consultation at $100 per half-hour,. You take responsibility for monitoring your own case, and when the next papers are due. If you choose the Hotline, Ken can answer most questions without an appointment being necessary, although it costs 50% more for this “rush job” contact. When it comes time to go to trial, Ken helps you find a trial lawyer to “substitute in” and appear on your behalf, just like the big law firms do it. Ken brings that lawyer up to speed. Pros: This is the least expensive way to get the most time in possession. You have the benefit of Ken’s expertise, both in the drafting of the paperwork and the strategy for your particular case. Buying time gives you breathing room to look around for another place, if you wish, as well as permits a more thorough discovery process to make you better prepared for trial. Often, the landlord’s paperwork is riddled with flaws, which are not apparent even to the typical lawyer, but Ken often gets the judge to order the landlord to start over again, and perhaps even again after that. Since you are not paying for Ken to drive to and sit around in court, or haggle with the other lawyer over the phone, you get the essential benefit of having a lawyer without the wasteful parts of litigation. If you don’t excessively use his time, you can often achieve the months of extra time at a small fraction of what your rent would have been, so that you can save up for a move while still affording his legal assistance. You save the costs of gas and parking coming to a law office, because everything done by is phone, fax, e-mail, and regular mail. For those who have video-conferencing through their computer, a virtual face-to-face consultation is available. For cases in the Los Angeles area where Ken used to practice, his personal relationships with many of the lawyers can help resolve things in an amicable fashion, or warn the landlord that this may be a hellish experience. Cons: For some people, having the lawyer in a face-to-face meeting is important, and worth the extra money. Ken’s consultations are all over the phone, except if you wnt to have a video Skype consultation. The paperwork is exchanged by e-mail or fax, but not in person. Ken cannot appear in court for you for two good reasons: (1) he is busy just handling the website and these types of cases, and (2) it is economically infeasible for Ken to travel all around the State in each courthouse where his client’s cases are. The other lawyer talks to [U]you[/U] [i.e., not to Ken, unless you hire Ken to negotiate directly for you] so you may not know what to say, or how to handle things when caught off guard. For some of the minor hearings before trial, the other lawyer may take advantage of the fact that you don’t know how to handle some of the technicalities, or exploit the judge’s bias, and get a minor victory. However, for those situations, you can set up a “lifeline” or use the Hotline, and call Ken from the courthouse on the spot to get help right then. 4. [URL='http://www.caltenantlaw.com/tenantlawyers.htm']Hiring a Local Lawyer[/URL] [click] The California Tenant Law website contains the most complete list of lawyers who will represent tenants in California. The list is arranged by geographic region, and then by city, with no particular order after that. Each listing has the name, address, and telephone number of the lawyer, and if they have it, their e-mail and website address. If there are restrictions by these lawyers on the type of case, it is shown. Many of them represent both landlords and tenants, as Ken did, but some only represent tenants. Since this website is NOT a lawyer referral service, there is NO recommendation made. Pros: Having a lawyer handle the case from the beginning has the primary advantage of continuity, and a secondary benefit of the interpersonal contact. The lawyer has you in their office in a face-to-face meeting, which is more comfortable for some people than merely talking over the phone or through e-mails. You can watch the lawyer in action in other tenants’ cases, and get a better idea of that lawyer’s skill and ability. You can drive to the lawyer’s office to pick up or drop off original papers and photos, rather than wait for the mail to deliver them, where timing is critical. When the other lawyer makes contact, he/she talks to your lawyer, not you. Therefore, you are less vulnerable to unfair manipulation in person or before the judge in those minor pre-trial hearings. Cons: The main disadvantage of having a lawyer officially representing you is the cost. You are paying either a large flat fee or on an hourly basis for whatever they do for you. A small court hearing can easily cost you $500 between the travel time, parking fees, and waiting time in court, in addition to the document preparation and consultations with you. Also, telephone calls and letters from the other lawyer, or witnesses, or the Court are all billable time for your lawyer, even if they don’t advance your case very much, and you could have handled it yourself. There is a lot of wasted time in the legal system which is unavoidable for your lawyer, who is responsible to handle all of it. You can’t “help”. Also, the interpersonal relationship you begin with may disintegrate as your lawyer has the secretary or paralegal making contact with you, or the lawyer has phone consultations with you, anyway. If you come on an appointment, you may have to wait for the prior consultation to finish, or for the lawyer to get back from court where the hearing took longer than expected. Much of the work by the lawyer’s office may be done by subordinate staff, rather than the lawyer, who may just glance over it and sign. The local lawyers may not have the expertise that someone like Ken does, so the quality of work may not be as good, despite the much higher cost. The point is that when you delay, and you get the time you want, it is best to settle your case, with the intent to give you the kind of closure you would like. You certainly don’t want an old debt haunting you as you try to go on with life. There are ways around these problems, of course. Lots. By You: If you win the eviction case, the landlord has to at least reimburse you for your court filing fees. If the rental agreement or your defense permit attorney fees, you are entitled to an award of reasonable attorney fees as well, even if you don’t have an official attorney [Mix v. Tumanjan], such as where Ken is helping you. This is a money judgment which you can collect in a number of ways, including sending the Sheriff to the landlord’s bank and taking money from his account, having the Sheriff collect rents from your neighbors which the landlord would otherwise get, having the Sheriff take the landlord’s car and selling it, or having the Sheriff put the rental property up for sale at an auction. Each of these requires you to advance the costs, and some are more expensive than others. However, when you collect, the Sheriff adds those extra costs on the judgment amount being collected, so your landlord pays for your collection efforts. You can also put a lien on all the landlord’s property, so he can’t sell or refinance it without you being paid, and interest at 10% per year does accrue on his judgment as well. Of course, you CAN make an agreement to deduct the judgment from your rent, or the landlord can simply write you a check for the full amount. Landlords just HATE to do that, because it’s like paying for the beating. They are, anyway, but that doesn’t keep them from hating it. After all, paying you money after losing a fight that they started was not what they had planned, and it leaves an understandably bad taste in their mouth, maybe enough not to try it again. You never know. [SIZE=3][B]Ready to take the next step? Contact Ken Carlson.[/B][/SIZE] [SIZE=3][B]Legal Ethics Musical[/B][/SIZE] [URL='http://www.legalethicsmusical.com/']Buy Now![/URL] [URL='http://www.legalethicsmusical.com/'][IMG]http://www.caltenantlaw.com/wp-content/uploads/Square-300x229.png[/IMG][/URL] [URL='http://www.legalethicsmusical.com/']By Ken Carlson[/URL] [SIZE=3][B]Free Information[/B][/SIZE] [URL='http://www.caltenantlaw.com/unlawful-detainer/']Unlawful Detainer[/URL] - [URL='http://www.caltenantlaw.com/security-deposits/']Security Deposits[/URL] [URL='http://www.caltenantlaw.com/landlord-intrusions/']Landlord Intrusions[/URL] - [URL='http://www.caltenantlaw.com/landlord-intrusions/']Repairs Needed[/URL] [URL='http://www.caltenantlaw.com/for-sale']Property for Sale[/URL] - [URL='http://www.caltenantlaw.com/rent-control']Rent Control[/URL] [URL='http://www.caltenantlaw.com/commercial-tenancies/']Commercial Tenancies[/URL] - [URL='http://www.caltenantlaw.com/mobilehome-disputes']Mobilehome Disputes[/URL] [URL='http://www.caltenantlaw.com/breaking-your-lease']Breaking a Lease[/URL] - [URL='http://www.caltenantlaw.com/late-fees/']Late Fees[/URL] [URL='http://www.caltenantlaw.com/temporary-leave']Temporary Leave[/URL] - [URL='http://www.caltenantlaw.com/general-tenant-rights']General Tenant Rights[/URL] [URL='http://www.caltenantlaw.com/toxic-mold']Toxic Mold[/URL] - [URL='http://www.caltenantlaw.com/legal-information']Legal Information[/URL] [SIZE=3][B]Inexpensive Legal Kits[/B][/SIZE] [URL='http://www.caltenantlaw.com/store/#!/201-Basic-Eviction-Defense-Kit/p/11768220']Basic Eviction Defense Kit[/URL] [URL='http://www.caltenantlaw.com/store/#!/203-Eviction-Trial-Kit/p/11768327']Eviction Trial Kit[/URL] [URL='http://www.caltenantlaw.com/store/#!/202-Deluxe-Eviction-Defense-Kit/p/11768231']Deluxe Eviction Defense Kit[/URL] [URL='http://www.caltenantlaw.com/store/#!/204-Security-Deposit-Recovery-Kit/p/11768374']Security Deposit Recovery Kit[/URL] [URL='http://www.caltenantlaw.com/store/#!/Break-Your-Lease-Kit/p/46357924']Breaking Your Lease Book[/URL] [SIZE=3][B]Legal Hotline[/B][/SIZE] California Tenant Law [URL='http://www.caltenantlaw.com/hotline/']Rates & Information >[/URL] (888) 693-8437 1 0472-5588 (888) My-Ether 1 0472-5588 Copyright 1999-2017 by Kenneth H. Carlson [URL='http://www.caltenantlaw.com/copyright-information']See Copyright Information[/URL] Apr 10, 2017 @ 4:07 am [/B][/SIZE] [/QUOTE]
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