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Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12237
Experience:  Attorney experienced in numerous areas of law.
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We have a tenant that we served 30 days notice asking her to

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We have a tenant that we served 30 days notice asking her to leave on August 1. Rent is $600 - on August 1 she gave us $300. We petitioned the court to have her evicted. Since then she has be arrested for drunk driving and is currently in jail
Submitted: 4 years ago.
Category: Legal
Expert:  Brandon M. replied 4 years ago.
Hello there:

I understand the situation; what is the legal question that I can answer for you this evening? (I do not want to make any false assumptions).
Customer: replied 4 years ago.

The legal question we have is what is our next step

We petitioned the court to have her evicted - for "us"she was suppose to be out August 1

Tenant paid $300.00 on August 1 - implying she would be out August 15. Subsequently she was arrested on August 17 for drunk driving (twice in one week) and is currently in jail. Seems as if the court will put her in a 30 day rehab

How do we proceed legally to get her out as soon as possible?

Expert:  Brandon M. replied 4 years ago.
Has the court issued a writ of possession or judgment to evict?
Customer: replied 4 years ago.

No

The clerk we dealt with would not provide any information on what the next legal step would be after we filed the unlawful detainer

Tenant was mailed a copy from the court of our "complaint" but not sure if she received it due to the drunk driving / jail time

What is our next legal step?

Is there anything we can do to expedite the process?

Expert:  Brandon M. replied 4 years ago.
I do understand the question; I am merely trying to get to the best answer.

Which state is the property in?

It sounds like the tenant was not personally served a copy of the complaint; to your knowledge, is that correct?
Customer: replied 4 years ago.

Tenant received a copy of the complaint - it was mailed to her by the court

She has been in jail since she received complaint

We are worried that tenant will be in 30-90 day rehab and we will be stuck with no rent for 3 1/2 months

Expert:  Brandon M. replied 4 years ago.

Which state is the property in?

I understand that the tenant was mailed a copy; may I therefore assumed that she was never personally served a copy of the complaint?
Customer: replied 4 years ago.

Yes

You are correct she never personally was served a copy of the complaint

Expert:  Brandon M. replied 4 years ago.
Thank you. Which state is the property in?
Customer: replied 4 years ago.
California
Expert:  Brandon M. replied 4 years ago.
In California, before an unlawful detainer case can proceed, the defendant must be personally served with a copy of the complaint. Simply mailing the complaint, even if performed by the court, is inadequate.

You can have an incarcerated person served personally, but it must be done by the jail. There is a fee of approximately $35.

Once the tenant is personally served and a proof of service is filed, the tenant has 5 days to file an answer to the complaint. If they fail to do so, the landlord can file for a default judgment. If they do file an answer, a court date will automatically be set.

Until personal service has been effectuated, the case can ordinarily not progress.

I hope that this helps.
Customer: replied 4 years ago.

Simply put we need to serve Tenant in jail with eviction notice

If she does not respond within 5 days - we can file a default judgement

Where would we file the default judgement?

How long does tenant have after the default judgement to vacate?

Can we legally move her belongings out?

Who would "force" her to leave?

Expert:  Brandon M. replied 4 years ago.
A request for default judgment is filed at the courthouse where the complaint was filed.

After a default judgment is rendered, the process of actual physical eviction typically takes about 5-10 days. In the meantime, the tenant's belongings may not be removed from the premises under ordinary circumstances. Forced eviction is effectuated by the sheriff's department.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12237
Experience: Attorney experienced in numerous areas of law.
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