Notice For Default Judgment

State:
California
Control #:
CA-824LT
Format:
Word; 
Rich Text
Instant download

Description

This is a notice between a Tenant and Landlord. It is a Notice of Default to Tenant, listing specific breaches and deadline for cure of breaches. If tenant refuses to cure the breach then landlord may execute his/her rights under applicable law, including the right to evict tenant.


In landlord-tenant law, default refers to the failure of a tenant to timely pay rent due. In anticipation of such an occurence, landlords commonly require a new tenant to pay a security deposit, which may be used to remedy defaults in payment of rent and other monetary obligations under the rental agreement. In general, the landlord is required to give the tenant notice of the default before bringing eviction proceedings or applying security deposit proceeds to the payment in default. The fixing of a definite default date for payment of rent can be critical if it becomes necessary to evict a tenant for a default in the payment of rent. Landlords often require a background and/or reference check on prospective tenants in an attempt to minimize defaults in rent payments.

How to fill out California Letter From Landlord To Tenant As Notice Of Default On Commercial Lease?

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FAQ

Under CCP § 473(b), the court may set aside a default and default judgment if the defendant asking for the set aside presents enough evidence to the court to demonstrate that the default was entered by inadvertence, mistake, surprise, or excusable neglect.

After a default judgment, the Plaintiff will try to collect the money you owe. The Plaintiff may be able to take money from your paycheck or bank account and put a lien on your property.

You can ask to cancel, or ?set aside? a default judgment. You have to have a good reason for not responding in 30 days. If the judgment is canceled, you'll get a chance to answer.

You may be able to negotiate a settlement with the debt collector to allow you to pay off the judgment under better terms. In Limited Civil cases (cases for $25,000 or less), if the other side will not agree to a payment plan, you can ask the judge to order a payment plan. This requires filing a motion.

A default judgment can only be obtained in an Unlawful Detainer case for possession. You have to follow some steps and fill out forms to do this. See CCP 585 to learn the rules for default.

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Notice For Default Judgment