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Griffinlawblog

~ Blogs from Andrew H. Griffin,III

Griffinlawblog

Tag Archives: real estate san diego

How fast can I Evict them?

30 Monday May 2016

Posted by griffinlaw in Attorneys in San Diego, Blogroll, Evictions, Landlord, Real estate, Rentals, Tenant, The Law Office of Andrew H. Griffin,III, Valle de Oro Finances Services, Valle de Oro Financial Services

≈ 1 Comment

Tags

Andrew H. Griffin, courts in san diego, eviction, Landlord, Law Office of Andrew H. Griffin, real estate attorney, real estate attorney san diego, real estate san diego, Tenant

How Fast can I Evict them?
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The idea of purchasing rental income properties was a great idea until the reality produces a tenant, who had made all kinds of promises to get into the property, stops paying the rent, begins to mistreat the property, or becomes the neighborhood drug dispensary. As soon as this happens, they come to me, Andrew H. Griffin, III, at the Law Offices of Andrew H. Griffin, III.   I am a  Real Estate attorney and broker licensed to practice law in the State of California. The question that I hear most often is “how fast can I get them out?” The answer to this question is the as most legal questions. “It Depends!”.

The timetable for evicting tenants in California depends upon the following:

  • The type of Notice and the service of the Notice.
  • The filing and service of the Unlawful Detainer (UD) complaint.
  • The filing of a response or failure to respond to the complaint.
  • The trial or default prove up.
  • Obtaining the writ of execution and sheriff’s eviction.

CEE-Chart
Evictions in California are Summary Proceedings. Summary Proceedings are not bound by the same time requirements as others. The process is faster to allow landlords to obtain possession of the property and to reduce the loss of income. Even though it is a faster procedure, it is also a much stricter to prevent the Tenant from unnecessarily losing his home. This means that a Landlord can lose its case for any error, no matter how small.

Notice

Every Landlord must provide proper notice before a case is filed in court. Proper notice depends upon may factors. These factors include the alleged breach of a covenant or duty of the tenant and/or the reason that the Landlord seeks to regain possession of the property.

notice to quit images

The time stated in a Notice, whether it’s a 3-Day, 30-Day, 60-Day or 90-Day notice, must completely run before the UD complaint can be filed with the Court. If a case is filed untimely, the Landlord could lose the case and would have to begin again, starting with providing the proper notice.

Filing and Service of the complaint

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An Unlawful Detainer (UD) complaint can be filed with the Court once the appropriate notice has been served and the time has run. Once again, the pleading requirements are strict. The complaint must accurately and legally depict the allegations. The Landlord can lose a case if allegations are improperly made. The complaint must be properly served. If personally served, the tenant has 5 Days to file an answer or response with the Court. If substituted service is achieved, the 5-Day period to respond is extended to 15 days.

Failure to Answer

If personally served, the tenant has to file a response with the Court within 5 days. If the Tenant fails to answer or respond, the Landlord can file a request to enter default. Once a default is entered by the court, the tenant is prevented from objecting to the UD action unless permission is received from the court.

Trial or default Prove up

If an answer is filed, the landlord must request a trial date. The Court is required to schedule a trial date to be held within 20 days of the written request. The Landlord is required to prove entitlement to possession and/or damages in trial or if a default has been entered against the tenant.

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“Black” Friday Blog

24 Saturday Nov 2012

Posted by griffinlaw in Blogroll, business, Uncategorized

≈ 1 Comment

Tags

attorneys san diego, bankruptcy, bankruptcy chapter 11, bankruptcy chapter 7, business, courts in san diego, Holidays, mediator san diego, People, real estate attorney, real estate attorney san diego, real estate san diego, San Diego Chargers, society, Thanksgiving Day

I know I am supposed to be working, but I  can’t stop my mind from wandering. I think that I am a victim of all of this “Black Friday” marketing. All of the Courts in San Diego are closed today, the day after Thanksgiving.  I have no idea how this day, “Black Friday”,  has evolved into a National Holiday. Why are the Bankruptcy Courts closed? Why is everyone at the mall so early in the morning? Why am I the only attorney in the building working today? When did “Black” start to mean something good?… I have  been taught that Black Cats, Black Clouds, Black Listed, Black Hole, Black Sheep, etc. all had negative connotations. Now “Black Friday” is supposed to be something good. Maybe since I am a “Black” man I should just remain silent and accept the new movement that “Black is the new Green”!

I don’t even watch TV (except to be disappointed by my  San Diego Chargers!) but I have been influenced with so much “Black Friday” advertising that I feel that I should not be in the office.  I have been brainwashed. Maybe that’s why I’m having such a hard time working today. (So much that I have to stop what I’m doing and write this blog.)

I am sure you know that the reason why that they call it “Black Friday” is because the day is important to businesses because they need to climb out of the “Red” ink (no offense to Native Americans) and into the “Black” ink. Getting “into the Black” supposedly has no racial connotation. It is said to mean that the business is finally making a profit.

Then I started thinking even harder. How precarious is business if you have to wait until the third week of November to know if you are making a profit?  How nerve wracking it must be to work almost eleven complete months to ascertain whether your business has made a profit for the year? How many people would take that risk? Why would you take that risk? Who in their right mind would own a business?

Then I realized that I must not be in my right mind. I have worked from myself as an attorney for almost 30 years. I also own and operate a real estate firm. I am a professional mediator.  Owning these businesses gave no guarantee that I would be paid on the first and fifteenth of each month. I guess I am just as crazy as all of the rest of the  businesses who promote theses “Black Friday” sales.

This Country was built on entrepreneurs like me who don’t believe that “Failure is not an option” (the tag line for the movie, Apollo 13.) We are a country of risk takers. Without risk, we can find no success. When asked about his failures while inventing the light bulb,  Thomas Edison said “I have not failed. I’ve just found 10,000 ways that won’t work.” We have to welcome and embrace failures in order to learn from our mistakes so that we do not make the same mistakes.

As an attorney whose practice concentrates on bankruptcy and insolvency matters, I have to support my fellow risktakers.  So, I’m headed to the 7-11 because their “Black Friday” special is a free cup of any sized drink if you buy a slice of pizza! (Hmmm, I’m sure there is no left over food at home after yesterday!!!)

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