2015 Eviction Defense Manual California
Posted : admin On 26.12.2019Eviction Defense and Landlord/Tenant Law Every week, about 50 individuals and families are evicted in San Francisco. Because of the tight housing market and high rents, many of them will be homeless if they are evicted. With legal representation, some of them will be able to keep their housing. Others need help negotiating a settlement. JDC runs an eviction defense project in San Francisco, as do many other legal services providers. To learn more about all of these organizations in the Bay Area, please click here. Taking a pro bono landlord/tenant case is an opportunity to prevent homelessness in San Francisco.
It is also a great way to get civil litigation experience. An eviction action is a microcosm of general civil actions, and a good opportunity to gain motion and discovery practice and settlement and trial experience. Short on Time? Volunteer with JDC 's Courthouse Landlord/Tenant Project, a limited scope representation project providing free legal services to pro per litigants facing unlawful detainer settlement conferences. For more information contact JDC at Practice Tip: Litigation The Western Center on Law and Poverty has a great write up on drafting a successful declaration. Follow the link to see it: http://www.housingadvocates.org/wc/2/pth/ptl-2012-08.html.
Contents. Vol. Overview of unlawful detainer law. 2. Relationship of unlawful detainer to other actions.
3. Self-help by landlord. 4. Representing the tenant; office procedures. 5. Grounds for eviction.
6. Three-day notice. 7.
2015 Eviction Defense Manual California
Thirty-day/sixty-day notices and termination without notice. 8.
Service of notice on tenant. 9. Negotiating strategies. 10. Proceeding in forma pauperis. 11. Service of summons and complaint; motion to quash service of summons.
12. Default judgments. 13. Demurring and moving to strike. 14. Answering and alleging affirmative defenses. 15.
Affirmative defenses-implied warranty of habitability. 16. Affirmative defenses; retaliatory evictions.
17. Special considerations governing evictions in rent-controlled cities.
18. Special considerations governing evictions from federally assisted housing. 19. Special considerations governing evictions in commercial tenancies.
Vol. Effect of sale of property on unlawful detainer proceedings. 21. Effect of filing bankruptcy on proceedings in unlawful detainer. 22. Summary judgment.
23. Discovery.
24. Rights of occupants not named in lease. 25. Judgment. 27.
Posttrial motions. 28. Enforcement of judgment-removing tenant and tenant's belongings. 29. Appeals.
30. Civil writs. 31. Return of security deposit and disposition of last month's rent.