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Experience:  Civil litigation attorney for individuals and businesses.
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after serving a non paying tenant with an eviction notice (

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after serving a non paying tenant with an eviction notice ( non paying for over six months) and she has not responded to the court serving the fifteen day either contest or not notice on her door, i want to move her stuff out of the house. The bank is going to forclose and is waiting for her to leave. I stand to have a judgement for the forclosure of two hundred fourty thoudand dollars against me if she doesnt leave, and she is showing no signs of doing so, would it be more bennificial for me to just get her stuff out, face a judgement from the court for moving her stuff and beat the forclosure against me?

William B. Esq. :

Dear Customer, thank you for choosing Just Answer. My name is XXXXX XXXXX I would like to assist you today.

William B. Esq. :

You say that the tenant has been served with notice, and that she has ignored court proceedings. What stage is your court action in? (Have you received a judgment in the unlawful detainer action yet?)

Customer:

No I have not

Customer:

apparently she has done this before on other occasions to other people. this is just a room in my home.

William B. Esq. :

Have you filed a request for entry of default with the Court?

Customer:

No, tell me what that is?

William B. Esq. :

When the other party fails to appear in court (file an answer) the plaintiff is entitled to a "default judgment" which means that judgment is entered against the defendant without requiring a trial.

Customer:

she still has about a week to respond but has not been to the house to get the notice to contest.

Customer:

She doesnt work has no means of income except for selling drugs.

William B. Esq. :

Once the time has passed for her to respond, you may file a petition for default judgment. In California there is a specific form that is used for a request for entry of default in unlawful detainer matters: http://www.courts.ca.gov/documents/ud116.pdf

William B. Esq. :

The request for entry of default judgment must also be served on the tenant in the same manner as the complaint.

Customer:

so aftrer the fifteen days i go back to the court and file this form stating she did not respond and then i can go into her room and remove her crap?

William B. Esq. :

Once you have the judgment, you get a writ of possession from the Court. The writ gives you the authority to have the Sheriff physically evict the tenant from the property (if she is still there), or if you wish to have her belongings simply moved to the street. If she has simply abandoned the property, you may place the belongings into safe storage, the fee being paid by the tenant, and if she does not collect them, they are subject to sale or disposal.

William B. Esq. :

Here is a link that may be helpful as it has links to appropriate statutory authority and the deadlines for the procedure laid out in more detail: http://www.dca.ca.gov/publications/landlordbook/evictions.shtml;

Customer:

Ill never get a dime out of her, so as you stated above i will need to rent a storage unit for her crap. How long do i have to wait for her to collect her junk, she is a horder and has a ton of useless junk.

William B. Esq. :

18 days.

Customer:

so if i just threw her junk out wouldnt a court judgement against me be much less than the banks forclosure?

William B. Esq. :

Here is another page (also from the California Dept. of Consumer Affairs) that may be useful regarding property left in a rental unit after the tenant has left. http://www.dca.ca.gov/publications/legal_guides/lt-4.shtml

Customer:

Thanks!

William B. Esq. :

I do not know the exact circumstances for your cost/benefit analysis. The damages you would owe to your tenant would be based on the cost of replacement, plus any plus a penalty ($250.00). The risk you run in a situation such as yours is that "you threw out my priceless ring". Whether or not it is believable is another issue, but that would be the analysis on that side. I do not know what your potential foreclosure action would be as a penalty.

William B. Esq. :

(I am sorry that should not read "penalty" for foreclosure, that should read "liability")

Customer:

thanks for your help, ill look for the fourty dollars deducted from my account. you have been very insightful!

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