Question:

What do I need to do if I get served an Unlawful Detainer for payment of rent in CA?

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I got an Unlawful detainer for payment of rent served to me yesterday. have the money to pay this on friday. what do I need to do to protect myselft? What forms? Can the landlord refuse to accept my payment? Can I be evicted w/4 kids?

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4 ANSWERS


  1. Pay rent on time or get evicted! It is up to the landlord to decide.


  2. pay or get kicked out

    You can get kicked out with 20 kids.  Has no effoct.

    Find a new cheaper place.

  3. Its a little to late for payments unless the landlord chooses to drop the unlawful detainer.

    An unlawful detainer is a court document.  It is the next step in the eviction process after the 30 day notice.  Upon receiving the unlawful detainer, you have five days to respond to the court.  If you do not respond then the eviction will continue.  If you do respond then the judge will set a court date where you and the landlord will go to court and state your cases.  

    If the judge finds for you then you will not be evicted.  

    If the judge finds for the landlord you will have 30 days to leave the residence.  If you fail to do so the the local sheriffs department will respond and do an immediate lockout (which means they kick you out of the residence with what you can carry).  You will then have to make arrangements to retrieve the rest of your belongings.  Any attempt to access the property after eviction is considered tresspassing.

    Tyrs

  4. Can you call the landlord and tell them you will have payment in full on friday.  See if you can come to an agreement with them. If you will have the money, they may work with you.  Evicting a tenant isn't cheap for them either.  

    Don't look at having 4 kids as a way to protect you from being evicted.  It doesn't matter.  Just do whatever you have to do to pay your rent on time, so you don't have to worry about this situtation again.

    And if you are looking to protect yourself- sorry, but you didn't fulfill your obligation.  There isn't much you can do besides pay up, and quickly.  Even if you move, you still have to pay back rent and and expenses the landlord incurred trying to collect.

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