Thursday, October 23, 2014

Landlord Frequently Asked Questions

What forms do I need to file with the court to get the tenant out?

What if I cannot afford the court fees and cost?

Apply for a Waiver of Court Fees and Costs (FW-001). Submit an Order on Application for Waiver of Court Fees and Costs (FW-003). Bring proof of income along with the fee waiver - (for example: the last two pay-stubs, documentation from Employment Development Department (EDD) - see the Information Sheet on Waiver of Court Fees and Costs (FW-001). For more information seek legal advice.

I served the tenant. How do I get my trial date?

If the tenant files an answer, you can request to Set Case for Trial (UD-150). A copy must be mailed to each answering tenant before filing and an Original Proof of Service (POS-010) is needed for each tenant.

How can I find out if the tenant responded to the complaint?

You can contact the court at 916-875-7746; please have your case number ready.

If the tenant did not respond - What forms do I need for a Default/Clerk's Judgment and possession?

What do I do after a Writ of Possession has been issued by the court?

Take the original Writ of Possession (EJ-130) to the Sheriff's Civil Department located at: 3341 Power Inn Road, Room 313.

Can a lock-out be delayed?

Yes, if the tenant files a motion requesting a delay of the lock-out.