 |  | 


Simply our most popular article. Thousands have read and benefit from it. This article deals with the role of the eviction notice in unlawful detainer actions in California, their effect, and methods by which they can be served. The principles involved apply with equal force to all states, although details, such as the length of notice and some methods of service, may differ.
(See below for more detailed information.)
Pages: 7
Copyright: 2006
Availability: Downloadable
Format: PDF
Order Today and Save - 100% Money Back Guarantee
------------------------------------------------------------
More Detailed Information on This Report
Unlawful detainer proceedings are not civil actions. The Superior Court judge does not have the inherent power to conduct an unlawful detainer proceeding. His plenary jurisdiction extends to civil actions only. Unlawful detainer is a creature of the unlawful detainer statutes, and the Superior Court's jurisdiction to conduct a special proceeding to invoke the remedies provided there is conferred by service upon the relevant parties of notices prescribed by the statutes. This power is conferred only by strict compliance with the requirements of the statutes. Near compliance is not good enough. There are but two exceptions to the notice requirement, and they are 1. actions to remove a tenant after the expiration of a fixed term lease; and 2. actions to remove a terminated employee occupying realty as an incident to his employment. Since the credible threat of eviction is the only real lever the landlord has to effect compliance with the rental agreement and prevent damage to his property, it is essential that the landlord understand not only what notices are available, but also how to deliver them. In the main article we discuss each of the notices in detail, how they are used, and how to deliver them. With this information, you can make your eviction notice a foundation for a successful eviction.
|
|