FREQUENTLY ASKED EVICTION QUESTIONS
No. It is okay to tell tenants that all requests must be written. You may not however, ignore a request just because the tenant told you over the phone, but failed to put it in writing.
California law says that the 3-Day Notice may not overstate the amount of rent due. Late fees and NSF charges are not rent. By including either, you risk having the Court throw out your case and having to start over. If these charges are important, a simple change to your form lease may solve the problem.
First, you must store the personal property for 15 days after the eviction. Then if the value of the property is less than $300.00 you may dispose of it as you see fit. If the value is $300.00 or more, you must conduct a public auction. The proceeds may be applied to storage, advertising and auction costs only, with the balance turned over to the County. You may not apply it to back rent or damages you are owed.
Cleaning and repairs in excess of the security deposit can only be obtained through a separate Small Claims/Court action. They are not permitted as part of your damages in the unlawful detainer.
If you have any questions, please give me a call call or send me email.
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