This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Wrongful Possession Of Property Ipc In Contra Costa
Category:
State:
Multi-State
County:
Contra Costa
Control #:
US-000303
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
How the eviction process works The landlord gives the tenant a written Notice to do something by a deadline. For example, a Notice might say to fix a problem or move out by a certain date. The Landlord starts an eviction case in court. The tenant can file a response in court. The judge makes a decision.
Here is the general unlawful detainer schedule: Day 1 – Landlord serves notice. Days 4 to 30 – Tenant response period expires. Days 30 to 45 – Landlord files in court, hearing date scheduled.
You have 10 court days to file an Answer after you're served the eviction papers. Use form UD-105 to respond, and add form MC-025 if you need more space. If you miss the deadline, you may still have time—file right away.
California's Tenant Protection Act The only lawful way to evict a tenant is to file lawsuit and wait for the court to order the Sheriff or Marshal to carry out the eviction. Landlords cannot change the locks, shut off power, or remove personal property in order to force a tenant out of their home.
If they're doing something they aren't supposed to, you'll need to tell them what they're doing wrong. If your tenant won't fix the problem or move out, you'll have to go through the court to get an order for them to move out. The eviction process can take 30 - 45 days, or longer.
Evictions for Non-Payment of Rent Applies to all RSO & JCO rental units. Effective March 27, 2023, landlords may not evict a tenant who falls behind in rent unless the tenant owes an amount higher than the Fair Market Rent (FMR). The FMR depends on the bedroom size of the rental unit.
The eviction will occur as soon as possible after the expiration of the 5-day notice. The 5-day “NOTICE TO VACATE” will be served by personal service on an occupant or by posting a copy at the address and mailing a copy to the debtor/tenant(s).
Generally, you can only sue for up to $12,500 in small claims court (or up to $6,250 if you're a business). You can ask a lawyer for advice before you go to court, but you can't have one with you in court.
If you are: a person (this includes sole-proprietors) you may claim up to $12,500; if you are a Corporation, limited liability company or partnership, you may claim up to $6,250.
All Probate, Guardianship and Conservatorship documents are filed and heard in the Wakefield Taylor Courthouse in Martinez.