Rental Property Investor · Member since 2018 · 9 posts · 1 vote
The deed is recorded/perfected and the 3/90 Notice to Quit has been served. Owner's not responding to cash for keys. The Unlawful Detainer forms on the county website are aimed at tenant evictions (with a lease). The eviction packet the county provides includes the "UD-100 Complaint - Unlawful Detainer" form, but that form states on the bottom of the first page "Do not use this form for evictions after sale (Code Civ Proc 1161a)". The 1161a section applies to situations where occupants hold over after the premises are sold. I can't find any other appropriate form to use for this case.
What is the correct UD form to use against holdover prior owners? Thanks!
@Andrew Sol evictions in California are very tricky. I use Silverstein Eviction Law and have so for over 20 years. He is the man and it's not that expensive. Just finished up another case with him last week.
Thanks. I ended up using an eviction service to help with the eviction, although they don't employ an attorney so they can't give advice. Cost is $599 to handle the 3 day notice, serving the unlawful detainer paperwork, and all the filings. Seemed reasonable. Other services were charging $900. Do you mind my asking what an attorney would charge to handle a non-contested eviction (ie. 3-day notice through the default judgement)?
If my defendant replies to the UD, I may have to hire an atty to handle the trial. Not sure I want to represent myself, although I understand many guys do.
The attorney we use charges $800 for uncontested and $1,500 if contested. it's not wise to look for an inexpensive attorney when its hundreds of thousands of dollars at play. Bite the bullet and spend the money and use someone that specializes in the nuances and intricacies of evictions, especially in Commiefornia.
I've got one property I foreclosed on in 2019. I'm still in court with the previous owner.
Wow. Still in court 5 years later. Ouch. I agree with not being penny-wise and pound-foolish. But on certain evictions of the owner after foreclosure (with no tenants involved), I've felt it's ok to use an eviction service to handle the paperwork. If the defendant replies to the UD, then it's probably wise to hire an attorney to carry it forward. Here, in so cal, I've seen attorneys quote upwards of $3k for uncontested.
One of the guys I've seen handle his own UD filings, does it to expedite the process. He's faster than the attorneys staff, with paperwork and filings.