Registered: 1356348233 Posts: 86
Reply with quote #1
You'll probably have to go through the eviction process at least once in your career. The landlord must file an unlawful detainer lawsuit in superior court . In an eviction lawsuit .
Registered: 1370551557 Posts: 1
Reply with quote #2
How do I start the process with the court? No lawyer, just me. I'm seeing some paralegals today. But appreciate any information.Thanks....
Registered: 1345835233 Posts: 20
Reply with quote #3
You can do this yourself. A paralegal or legal secretary such as myself can only type paperwork for you. If you are in California buy The Landlords' Law Book Vol. 2: Evictions by Nolo Press. It was written by California attorneys & has step by step directions. It will be the best $40 you ever spend.
Forms are available online at
http://www.ca.gov You can type and print them yourself right from your own computer.
If you are in California, and would like documents prepared efficiently, at a reasonable price, send me a message and I will help you out.
Registered: 1377227504 Posts: 1
Reply with quote #4
Does anyone know Utah Law. I have a problem tenant who has destroyed my home and withholding rent.. I didn't do enough to inspect the house when the guy kicked his girlfriend out. He broke windows glass cabinets, put holes in the wall, changed the locks without my permission and didn't and won't give me a key. He broke my back door, the kitchen faucet and I believe he took the tub faucet that was dripping and broke it completely as I finally gained access to my home after over a week I found the tub running non-stop like a river and the custom bathroom window broken out with the toilet thrown into the tub along with the tile from the floor. A month ealier the tenant said the dripping into the tub was getting worse and that he was going to cut open the tile and turn off the tub with the cutoff valves. There were no cutoff valves and tenant did not tell me this until a month later when his dad, who was paying his rent, was upset about the gas bill. I told him it was not my fault and he should've fixed it. It is in the lease agreement that the tenant will fix plumbing issues and the air conditioner if it gets broken while they are in the house. The airconditioner is also broken but as a mechanic he has been filling it with automotive gas. Tenant could've also simply put caps on the pipes to the tub, a $2.00 part at best. Keep in mind this guy used to be a carpenter and a done some locksmith work. By the time I was finally given access to my home there was water leaking everywhere and tenant didn't even try to turn the water off or contact the city to turn the water off. I Had to fix the problem so that my home wasn't destroyed further. I had already bought a faucet the day after he notified me that the DRIP in the tub was worse and had told me about the gas bill being high but was given no access to my house to fix it even though he should've fixed it himself. I also gave him the option to fix it himself as he has done on other things like the kitchen faucet which was brand new before he moved in and he broke. I am now having to go through my insurance to fix the extensive damage done which is costing me $1,000 deductable, can I have my tenant pay this?
The tenant said on the fith of August after trying to contact him for a week that he is paying me rent that day. He said NOTHING of how much the water was leaking into the tub and I have text messages from him for this. It wasn't until his dad got upset again about the gas bill saying that I should evict my tenant then. Then all of a sudden the tub was leaking like a river. He didn't tell me in writing at any time of any problems especially with something this serious and didn't notify me of breaking the window or all of the other damage to the house. I still don't have a key to the house and cannot show it to prospective tenants or even let the workers in to fix my bathroom. I am told in order to stop paying rent that the tenant needs to notify me in writing of the problem and the notify me in writing he is withholding rent and give the rent money to the court. tenant is also now a month to month tenant after a years lease ended months ago and my rental agreement even says that if there is a problem and I ask for my home back that he will give it up immediately. I gave him a notice to pay and quit, a notice of waste to the property and also a nuisance notice as he has been having so many parties in the house that the neighbors have been complaining to me, the cops and even the city as tenant has been leaving the water in continously. The tenant has now been leaving me rude messages and swearing and has told me good luck in evicting him and then goes on to say that I have a lot more to do to be able to get him out of my house and says he's not paying any rent to me. I've been told that tenant is not allowed to legally withhold rent especially without giving written notice of a problem that exists. Isn't it more so if the rental agreement says that he has to fix certain things? Isn't it also true that if he is not abiding by the lease agreement that he cannot withhold rent? tenant actually complained that he had to stay at his girlfriends house for a couple of days. Then has said he wasn't paying the rent at all for a mold infested house. there is no mold in the house otherwise the disaster crew would HAVE to notify me and HAVE to notify my insurance co. in order to get paid for it. Now he's saying the house is uninhabitable and won't pay rent when he has a whole other full bathroom to use and there is no mold. He says it's uninhabitable but then won't move out. I told him I would not be able to get the bathroom fixed for a while and he would need to move out but he won't. I want him out of my house and pay the money he owes for rent and for the damages to my home. __________________ Joe Hale
Registered: 1356014611 Posts: 125
Reply with quote #5
Normally I would offer a fair amount of advise, but in your case I'm just going to recommend the following:
- First, read the Utah landlord tenant act overview that available at this link: http://www.utcourts.gov/howto/landlord/#5 and familiarize yourself with what's required of you and of your tenant as well as the procedures for eviction in your state. - Next, get in contact with a local attorney that specializes in evictions in your area and they will advise you of what your options are at this point, etc. and finally: Good Luck.
Registered: 1453315595 Posts: 1
Reply with quote #6
What if you live in CA and you gave your tenant a 30 day notice but should have given a 60 day notice, do you have to
start the process over or can you just ammend the 30 day to a 60 day? __________________ Danielle K.
Registered: 1424031597 Posts: 125
Reply with quote #7
I believe in CA you must re-serve the proper notice and start over.