Tried to evict a Tenant for nonpayment of rent.

[blau]

What is the name of your state? CA

What a head ake. Tried to evict a tenant for non payment for rent. My atonney served him with papers. There was three people on the lease and notice was given by the other two on the lease that they were moving out years ago. So there was effectively 1 person on the lease. He was served with a summons and a defult judgement was issued against him.

The police was there today to inforce the cort order. But another person (not any of the people on the lease) claim they have a oral contract to be tendants there. I of course have no dealing with these people. And the police will not inforce the court order.

I am going to work with my attoney. But does anyone have experience dealing with this matter. Are there things I should watch out for.

The police gave us a court date of 4-9-03. So it is not to bad a week. At that point he.

thanks

blau

 

[FarmerJ]

Blau once long ago when i had bought the duplex . Find out it Jane or John Doe work for evictions in CA . Blau only other way to see if it works is to go to your county clerk of court and ask if they have a printout book thatyou can scan through for names of persons who had UDs filed If you see ALOT of listings for Jane Doe /John Doe you have the answer .

 

[queenofsand]

Check this link; scroll down to Eviction of Unnamed Occupants

http://www.dca.ca.gov/legal/landlordbook/evictions.htm

 

[blau]

queenofsand, thanks for the info but..

Quanofsand,

Thanks for the information. I have read it. However, in my case I think the damage is done. The mistery person have claimed the right of posession. Now I have to go to a hearing. To see if the person have a right of position.

I am woundering if anyone has any experience at that and what I should expect.

blau

FarmerJ,

So what you are saying is that John and Jane Doe are people going around saying the are tenants just to stop an eviction. Even though they really have nothing to do with the UD.

You would think people would get put in jail for something like that.

blau

 

[HomeGuru]

Re: queenofsand, thanks for the info but..

Quanofsand,

Thanks for the information. I have read it. However, in my case I think the damage is done. The mistery person have claimed the right of posession. Now I have to go to a hearing. To see if the person have a right of position.

I am woundering if anyone has any experience at that and what I should expect.

blau

FarmerJ,

So what you are saying is that John and Jane Doe are people going around saying the are tenants just to stop an eviction. Even though they really have nothing to do with the UD.

You would think people would get put in jail for something like that.

blau

**A: if the Defendants were not all named such as John Smith and John Does, oocupants in posession et. al. then the eviction was only against the occupant named in the complaint and not anyone else. Your attorney should have named everyone on the original lease and any other occupants in posession. That way there would be a court order against everyone there. Have your attorney attend the hearing to see if the order could include this mystery person.

 

[blau]

Everyone on the lease was named (to my knowledge)

The problem is the people who was not named who we did not know were there and had no dealing with.

I will tried to ask my layer if we could add these mistery people but I think if I lose the hearing I have to start the eviction process against the unamed people.

Like I said the damage is already done. I see if anyone have experience in the Claim for posession hearings.

thans alot.

blau

 

[louiebingo]

Blau:

Oh well you will learn fom this, that ANY and ALL eviction notices, papers,court filings etc., will have on it, the named tenants plus John Doe and Jane Doe as occupants in posession.

Then the police would have thrown them out.

The lawyer should have done this to protect himself, but a lawyer is only as good as the information the client gives to him.

 

[CA. Landlady]

Your attorney should have known you needed to file a prejudgment claim which is to ensure that all others in possession would be removed once the writ of possession was served.