Thursday, December 18, 2014
FAIRFIELD-SUISUN, CALIFORNIA
99 CENTS

Stop! Dismiss the lawsuit

By
From page HSR2 | June 07, 2014 |

Q: I have a small house I inherited from my brother. It’s been rented to a young couple for the past six months. They’ve always paid their rent late, but last month they didn’t pay at all. I got online and bought a book on property management. It told me how to file for an eviction. I served the tenants with the three-day notice they had in the book. The wife immediately paid me half of the rent and promised to pay the rest the following day. I didn’t hear from them again so I filed a lawsuit. The tenants answered the lawsuit and we are set to go to trial in two weeks. The tenants said in their answer that I had accepted partial rent and couldn’t evict them. They also said there were other tenants in the house who weren’t served with the three-day notice or the lawsuit and I can’t evict them either. I think I’m over my head. What should I do?

A: First, dismiss your lawsuit, because you’re going to lose big-time.

Now for a little background.

California and New York are the leading states in consumer protection laws. Nowhere is that more evident than in the laws regarding landlords and tenants.

Before the law will order someone physically removed from their home it will first make sure that the landlord had dotted every “i” and crossed every “T” in the eviction process. You screwed up in at least two places.

The three-day notice you served, I assume, was a three-day notice to pay rent or quit. It should have laid out exactly how much money was due, to whom it had to be paid, and that you were going to consider the lease forfeit if it wasn’t paid in full within three days. You should have refused to accept a partial rent payment.

As far as the law is concerned, when you accepted the partial rent payment you waived your right to proceed under the three-day notice. As a result, everything else you did, like file the lawsuit, was of no effect. You will have to dismiss the suit right away.

Then you can serve another 3-day notice. Make sure it properly reflects the current amount owed.

If there are other adults who are going to claim that they reside on the property, you will have to name them in your notice and your lawsuit. If you don’t, your judgment and ultimate eviction won’t be valid towards them.

In order to protect yourself, you should serve with your lawsuit a special document known as a Prejudgment Claim of Right to Possession. This document was devised by the courts to give notice to anyone claiming a right to live in the house, even if they aren’t on the lease.

If someone wants to claim a right to live there they must fill out the form and file it with the court. If no one files it, they will forever be prevented from claiming to the sheriff that the eviction doesn’t apply to them.

Eviction lawsuits are known as Unlawful Detainer Actions because you are, ultimately, claiming that the tenant is illegally detaining you from taking possession of the property.

Unfortunately, the statutory waters that a landlord must wade through in order to evict a residential tenant are treacherous indeed. Even experienced attorneys get it wrong from time to time.

I’m usually slow to advise readers in this column to pay the money for an attorney, but the technical requirements of unlawful detainer actions are so complicated, and constantly changing, that most are no longer considered routine.

Add to that the fact that tenants may be very sophisticated regarding the consumer protection laws that pertain to landlord/tenant issues. Since your tenant had demonstrated a willingness to answer the complaint and appear at trial, you need to hire an attorney to handle the process.

Tim Jones is a real estate attorney in Fairfield. If you have any real estate questions you would like to have answered in this column you can contact him at SolanoScene@TJones-Law.com.

LEAVE A COMMENT

Discussion | No comments

The Daily Republic does not necessarily condone the comments here, nor does it review every post. Read our full policy

.

Solano News

Solano College trustees move back ‘home’

By Susan Winlow | From Page: A1 | Gallery

 
Needs of small dog give Solano man life’s mission

By Ian Thompson | From Page: A1, 5 Comments | Gallery

 
Christmas comes early for prenatal program participants

By Susan Hiland | From Page: A2 | Gallery

Jury convicts teen for role in 2012 DeBartolo’s heist

By Jess Sullivan | From Page: A3, 3 Comments | Gallery

 
Police chief: Suisun crime up 3 percent in 2014

By Ian Thompson | From Page: A3, 2 Comments | Gallery

 
Council OKs $65,730 pact to advocate for Travis base

By Ryan McCarthy | From Page: A3

 
Fairfield pays $42,500 to settle soil suit

By Ryan McCarthy | From Page: A3

 
 
Fairfield police log: Dec. 16, 2014

By Susan Hiland | From Page: A10

Fairfield police log: Dec. 15, 2014

By Susan Hiland | From Page: A10

 
Suisun City police log: Dec. 16, 2014

By Susan Hiland | From Page: A10

Suisun City police log: Dec. 15, 2014

By Susan Hiland | From Page: A10, 1 Comment

 
.

US / World

US, Cuba patch torn relations in historic accord

By The Associated Press | From Page: A1, 1 Comment

 
Fears fanned by hackers bring down Sony film

By The Associated Press | From Page: A1

 
Like Iran, secret diplomacy leads to US-Cuba thaw

By The Associated Press | From Page: A1

Pope played crucial role in US-Cuba rapprochement

By The Associated Press | From Page: A1

 
US travel industry carefully eyeing Cuba tourism

By The Associated Press | From Page: A1

US-Cuba thaw could benefit farmers, energy and travel firms

By The Associated Press | From Page: A1

 
Cubans cheer historic renewal of US relations

By The Associated Press | From Page: A1, 2 Comments

Freed American endured years of declining health

By The Associated Press | From Page: A1

 
Bay Bridge light sculpture to keep on shining

By The Associated Press | From Page: A4, 4 Comments

Study: Huge wildfire supports need for controlled burns

By The Associated Press | From Page: A5

 
A fresh setback for efforts to cure HIV infection

By The Associated Press | From Page: A5, 1 Comment

14 charged in deadly 2012 meningitis outbreak

By The Associated Press | From Page: A5

 
Study: Alcatraz inmates could have survived escape

By The Associated Press | From Page: A5

Nigerian court sentences 54 soldiers to death

By The Associated Press | From Page: A6

 
Colombian rebels announce unilateral cease-fire

By The Associated Press | From Page: A6

Russians flock to stores to pre-empt price rises

By The Associated Press | From Page: A6, 1 Comment

 
Pakistan buries victims of school massacre

By The Associated Press | From Page: A6, 1 Comment

.

Opinion

 
Crime Witness Protocol 101

By Kelvin Wade | From Page: A7, 8 Comments

 
Editorial Cartoons: Dec. 18, 2014

By Daily Republic Syndicated Content | From Page: A7

 
.

Living

Today in History: Dec. 18, 2014

By The Associated Press | From Page: A2

 
Community Calendar: Dec. 18, 2014

By Susan Hiland | From Page: A2

Horoscopes: Dec. 18, 2014

By Holiday Mathis | From Page: A9

 
My siblings don’t want to replace abusive mother’s pacemaker

By Kathy Mitchell and Marcy Sugar | From Page: A9

.

Entertainment

25 movies chosen for the National Film Registry

By The Associated Press | From Page: B4

 
Saving Private Ryan’ among films being preserved

By The Associated Press | From Page: B4

TVGrid

By Daily Republic Syndicated Content | From Page: B4

 
.

Sports

For MLB, changes in Cuba will take time to sort out

By The Associated Press | From Page: B1

 
Falcons cruise by crushers in girls basketball

By Paul Farmer | From Page: B1, 1 Comment | Gallery

49ers release McDonald amid further legal trouble

By The Associated Press | From Page: B1

 
Carr faces another tough test in rookie season

By The Associated Press | From Page: B1

Painkillers lawsuit against NFL dismissed; may be appealed

By The Associated Press | From Page: B2

 
Garcia resigns as FIFA prosecutor

By The Associated Press | From Page: B2

Chattanooga women stun No. 7 Stanford 54-46

By The Associated Press | From Page: B2 | Gallery

 
Track coach Drummond gets 8-year doping suspension

By The Associated Press | From Page: B2

Warriors’ Bogut out with knee injury vs. Thunder

By The Associated Press | From Page: B2

 
AP source: Romo close to $15M, 2-year deal with Giants

By The Associated Press | From Page: B2

Baseball monitoring White House Cuba decision

By The Associated Press | From Page: B2

 
APNewsBreak: Judge rejects NCAA concussions deal

By The Associated Press | From Page: B2

 
This date in sports history for Thursday, Dec. 18, 2014

By The Associated Press | From Page: B3

.

Business

Health care exchange sign-ups exceeding last year

By The Associated Press | From Page: B5

 
Fed to be ‘patient’ about a rate hike; stocks soar

By The Associated Press | From Page: B5

McDonald’s in Japan limits orders of fries

By The Associated Press | From Page: B5

 
Amid scrutiny, Uber says it will focus more on safety

By The Associated Press | From Page: B5

.

Obituaries

Ernest “Ernie” Moretti

By Nancy Green | From Page: A4

 
Jennie Ponce Reyes

By Nancy Green | From Page: A4

Patricia “Pat” Anne Stringfield-Pierre

By Nancy Green | From Page: A4

 
Marian L. “Chicki” Downs

By Nancy Green | From Page: A4

.

Comics

Beetle Bailey

By Daily Republic Syndicated Content | From Page: A8

 
Frank and Ernest

By Daily Republic Syndicated Content | From Page: A8

Zits

By Daily Republic Syndicated Content | From Page: A8

 
Sally Forth

By Daily Republic Syndicated Content | From Page: A8

Garfield

By Daily Republic Syndicated Content | From Page: A8

 
Peanuts

By Daily Republic Syndicated Content | From Page: A8

Dilbert

By Daily Republic Syndicated Content | From Page: A8

 
Get Fuzzy

By Daily Republic Syndicated Content | From Page: A8

For Better or Worse

By Daily Republic Syndicated Content | From Page: A8

 
B.C.

By Daily Republic Syndicated Content | From Page: A8

Rose is Rose

By Daily Republic Syndicated Content | From Page: A8

 
Blondie

By Daily Republic Syndicated Content | From Page: A8

Pickles

By Daily Republic Syndicated Content | From Page: A8

 
Baldo

By Daily Republic Syndicated Content | From Page: A8

Baby Blues

By Daily Republic Syndicated Content | From Page: A8

 
Wizard of Id

By Daily Republic Syndicated Content | From Page: A8

Word Sleuth

By Daily Republic Syndicated Content | From Page: A9

 
Crossword

By Daily Republic Syndicated Content | From Page: A9

Cryptoquote

By Daily Republic Syndicated Content | From Page: A9

 
Sudoku

By Daily Republic Syndicated Content | From Page: A9

Bridge

By Daily Republic Syndicated Content | From Page: A9