apply. I need some form of handwritten Unlawful Detainer. I can not afford an attorney. I have already served them with a 60 day notice to quit. i know a 3 day notice to quit would have sufficed. However the Limited Unlawful Detainer forms say to not use them if it is an eviction after a sale. I can not find any answers. I have made up some unlawful detainers using some basic legal hand written forms. I just want to be sure before I spend the $195 to file it.
Specifically it is the UD-100 form that does not apply. I am not asking for any compensation. I just want them out. Should I just use the SUM-130, CI-226, CM-010 and CIV-109 and exclude the UD-100 or have a hand written UD?
I am in Los Angeles County. Thanks for any help. Paul
Its unfortunate that this has happened but as a realtor I see everything. Please call Liddle & Liddle in Glendora, I think they charge $675 for an eviction and they will get the job done. I used them for the same situation for one of my clients and they managed to get them out. It is unfortunate that this can happen, but the laws protect the tenants, even if they are in the wrong. And I say tenants because that it what the law says they are. This can happen, many realtors just don't know it can. When we give the old owners 3 days to move out, they become the new owners' tenant, it should only be for 3 days but if the old owner decided to stay, then they have to be evicted as a regular tenant would be.
Hi, Paul:
I cannot give you legal advice but I do know that the eviction laws in the State of California are very strict. You need to go to your local courthouse and they should have a list of organizations that can help you with your paperwork.
You really should have an attorney do it if at all possible - you will probably save money in the longrun because you would know that the filings have been done properly.
You could also offer them some money to get out...did you buy the property from the people who are still there or is it an REO? Have you called the escrow company that handled the transaction for you?
As a landlord, I am sympathetic that the court method of eviction is long & painful. I've learned that sometimes honey does better than vinegar. I use my personal truck to haul their things (kindly) to their next residence. Sometimes their painful truth is that they cannot afford the move or cannot physically make it happen.
Hi Paul,
Like Ute, I am puzzled how the former owner can stay in YOUR property after the close of escrow. And we are not in a position to advice you on this matter because our license does not really permit that. I think you need to lawyer up on this squatter because he/she is always one step ahead of you. it may not cost you that much for a lawyer to send him a letter and then go from there. This is such a bitter pill to swallow.
Be strong and make sure to outsmart this fox.
Good Luck,
Laarni
Hello Paul. I am not clear how you ended up closing escrow on a house that was still occupied by the owner. Did you buy a home that was bank owned? You only mention that the occupant is a former owner, but it's not clear whether you acquired the property from this former owner. What did your contract say about the time and date you'll get possession of the property? While I understand that you don't have the money for an attorney, I am afraid you'll have to consult with an attorney about this as real estate agents are not allowed to give legal advice and telling you which forms you need to use and what process to follow would be giving legal advice. I would recommend that you check the yellow pages for attorneys that specialize in the area of landlord tenant and/or real estate laws and there might be even some that will give you a free consultation or a consultation for a reduced fee like $100. Good luck to you.
It all depends on the contract on it was authored when you purchased the house? You have ownership they are considered to be treaspassing, Where is your real estate agent to assist you ? http://www.lynn911.com http://www.homes-for-sale-dallas.com
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