To file, or not to file.... (UD)

[ProPerDoper]

What is the name of your state (only U.S. law)? California

I did not include a POS with my 3-Day Notice served on my tenant on July 29 by "Nail and Mail" , and also by email. The tenant did acknowledge the email stating that they would be out soon, but I'm not so sure as they have a history of repeated lies/excuses. (Incredibly so)

I now have to wonder if I should mail them a POS? (I was thinking it would only be required as an attachment to pleadings when filing UD)

I also need to decide whether or not to file for UD. If they move by 8/15, I'm out 1 month rent considering the security deposit. I'm not sure I have much faith in actually collecting a judgment from them even if ordered, so it seems that if they vacated willingly and I simply moved on with finding another tenant my stress level would be way down vs. litigation. (I'd have to do it in Pro Per...no bucks for an atty) If they don't move, I've lost an additional week in waiting before I file for UD. I'm also concerned about damage to the premises if they get PO'd about the suit filed against them.

I'm undecided about filing....any words of advice/wisdom from those more experienced than I?

 

[sandyclaus]

What is the name of your state (only U.S. law)? California

I did not include a POS with my 3-Day Notice served on my tenant on July 29 by "Nail and Mail" , and also by email. The tenant did acknowledge the email stating that they would be out soon, but I'm not so sure as they have a history of repeated lies/excuses. (Incredibly so)

I now have to wonder if I should mail them a POS? (I was thinking it would only be required as an attachment to pleadings when filing UD)

I also need to decide whether or not to file for UD. If they move by 8/15, I'm out 1 month rent considering the security deposit. I'm not sure I have much faith in actually collecting a judgment from them even if ordered, so it seems that if they vacated willingly and I simply moved on with finding another tenant my stress level would be way down vs. litigation. (I'd have to do it in Pro Per...no bucks for an atty) If they don't move, I've lost an additional week in waiting before I file for UD. I'm also concerned about damage to the premises if they get PO'd about the suit filed against them.

I'm undecided about filing....any words of advice/wisdom from those more experienced than I?

You are not required to provide the tenant a POS with the served copy of the 3-day notice. You are, however, required to retain a copy of one for filing purposes when the UD is filed.

As to whether or not to file, that's up to you. If they are out by 8/15 as you said, then you wouldn't need to incur the expense of filing fees. But since you're concerned about them putting you off, then I'd go ahead and file now.

As for possible damages to the property, inform the tenants that you will be doing an inspection of the property over the next few days (don't forget to give them the proper 24 hour written notice in advance, and they don't have to present when you do it). Document the condition of the property. Take pictures, even video, to ensure that you have an accurate record now. That way, your tenants cannot try to claim that problems existed that did not.

If/when you sue them, while they are still living in the property, the courts give preference to the UD cases. If the tenants don't know the process, then you have an advantage and it will probably happen pretty quickly - before you know it, the sheriff will be at their door removing them and their stuff from your property. Your primary concern should be getting them out and restoring and re-renting the property as soon as possible.

As for collecting any judgment due after the fact, you will have up to 10 years (and another 10, if you choose to renew your judgment) to collect. Whatever their situation is now, things could always change over that time period and you could still collect against them them, catching them unaware.

 

[Cvillecpm]

File UD - you can always negotiate WITH A COURT DATE

 

[ProPerDoper]

And if they leave the country???

Latest info from friends who know the tenants is that they plan to move to Canada at the end of the month.

What recourse (if any) do I have in regards to collection if out of the country?

What actions are available to attempt to restrain them from departing the country until payment is made?

Perspective: I'll be out $1900.00 for one month's rent if they are out within 20 days taking into consideration the security deposit on hand.

 

[CourtClerk]

You can't stop them from leaving the country, and if they do, then you're screwed.