Tag: unlawful detainer

Restraining Order and Eviction (Unlawful Detainer)

Posted on 11/05/14 No Comments

Have you had this experience or know someone who has?

Customer came in a few days ago and inquired about an eviction. He drafted his own 30-day notice and wanted me to review it. Unfortunately I could not comment on his form, but researched the laws regarding eviction notices and is appeared his would work. However, he explained to me that his renter was verbally abusive and that he was intimated by him. So, he wanted to know if he could serve a 3-day notice. Again, we looked at the laws and is appeared that he could serve a 3-day notice to evict due to the threatening nature, etc. The prospective customer left my office. Then, this morning he called and was frantic. Last night he was verbally assaulted and intimidated, so he wanted us to prepare a Restraining Order and an Eviction (Unlawful Detainer). Although we helped him prepare and process a Restraining Order, unless there is physical abuse, a Temporary Order will not likely be granted by the Court. If there is physical violence, a death threat or some other serious matter, the Judge’s tend to wait until the hearing to hear all the evidence before ordering a restraining order. Regarding the eviction, it will likely work quicker. Basically, the 3-day notice has to be served, then the lawsuit has to be filed and served and if the tenant does not respond, then the Judge will make a Order and a Write will be issued for the Sheriff to evict. If all goes perfect, it still can take 2-3 plus weeks for an eviction. If the tenant files a timely response/answer, then a court hearing has to be requested and if there were no fatal mistakes made on the documents and the Judge does not find in the tenant’s favor, then the eviction will occur but could take several weeks to a month or more. Lastly, back rent and damages can be sought and ordered, but typically it is difficult to collect damages from a tenant. Evictions are extremely technical in nature, so we are careful and do a great job and have much success with them. #wehelpyoulegal NOTE: Online services such as, #legalzoom typically cannot compete with our ability to handle these matters fast and efficiently!

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Eviction Process or Unlawful Detainer

Posted on 10/13/12 No Comments

The following information has been prepared by the San Luis Obispo County Sheriff’s Civil Division to help clarify some questions concerning Landlord-Tenant issues. It is a very general overview and may not answer your specific question. Because the eviction process and various steps involved can be complex.

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Overview of the Eviction Process – San Luis Obispo, Paso Robles, Arroyo Grande

Posted on 08/22/11 No Comments

If the tenant doesn’t voluntarily move out after the landlord has properly given the required notice to the tenant, the landlord can evict the tenant. In order to evict the tenant, the landlord must file an unlawful detainer lawsuit in superior court.

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