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Wrongful Possession Of Property Ipc In San Bernardino
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State:
Multi-State
County:
San Bernardino
Control #:
US-000303
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FAQ
If you get a 3, 30, 60 or 90-day notice and don't take action, your landlord can file a lawsuit against you called an Unlawful Detainer. An Unlawful Detainer tells you that the landlord is suing to have you evicted. It names the landlord as the Plaintiff and you as the Defendant.
(a) At the hearing, a writ of possession shall issue if both of the following are found: (1) The plaintiff has established the probable validity of the plaintiff's claim to possession of the property. (2) The undertaking requirements of Section 515.010 are satisfied.
In California, tenants must file wrongful eviction claims within specific statutory periods. For most wrongful eviction cases, the statute of limitations is two years from the date of the unlawful eviction. However, if the claim is based on a written contract (lease agreement), the statute extends to four years.
In terms of getting the Writ from the court, it should be able to be done the same day. It depends on how long the judge takes to sign it so we could take a day or two, or a few hours. It really depends if your judge is working, and how busy he/she is.
If you have lived in the rental unit for less than one year, then you will receive a 30-day notice to quit, which gives you 30 days to move out of the rental unit.
The eviction process can take 30 - 45 days, or longer.
The sheriff will give the tenant 5 days to move This gives your tenant 5 days to move out. If they don't move, the sheriff will remove them from the home and lock them out.
A request for ex parte relief must be in writing and include all of the following: (1) An application containing the case caption and stating the relief requested; (2) A declaration in support of the application making the required factual showing; > > Read More..
If there was a judgement and that was on your credit report it only stays on 7 years but the UD report is what all property managers and landlords look at first and foremost. Once you get evicted it will be almost impossible to get housing again in California and out of state.
The court may issue the writ on the same day or within a few days, depending on the county.