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The California Landlord's Law Book: Evictions (California Landlord's Law Book Vol 2 : Evictions) [Paperback]

David Wayne Brown (Author)
4.6 out of 5 stars  See all reviews (13 customer reviews)


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Paperback $32.84  
Paperback, June 2002 --  

Book Description

June 2002 087337780X 978-0873377805 9th
Sooner or later, every landlord is faced with handling an eviction. The California Landlord's Law Book: Evictions shows you how to proceed every step of the way.

Step by step and in plain English, this book explains the different legal grounds for eviction and provides all the forms and instructions necessary to:

*prepare and serve a legal 3-, 30-, 60- or 90-day notice
*file an unlawful detainer complain in court
*win by default if the tenant doesn't respond
*handle a contested case
*represent yourself in court
*deal with eviction-delaying tactics
*collect the money judgment

The new 9th edition provides information on the new 60-day notice for terminating tenancies in certain situations, up-to-date rent control charts, and new and updated forms, including 60-Day and 90-Day Notices to Terminate Tenancy.


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Editorial Reviews

Review

An up-to-date book such as this is as necessary as a rent receipt book or a good repair person. -- San Francisco Chronicle

Attorney David Brown discusses virtually every possible situation which might lead to an eviction. I liked the blank forms checklists. -- Robert J. Bruss, Nationally Syndicated Columnist

Recommended by the state Department of Consumer Affairs. -- Sacramento Bee

Review

"Recommended by the state Department of Consumer Affairs." --This text refers to an out of print or unavailable edition of this title.

Product Details

  • Paperback: 360 pages
  • Publisher: Nolo; 9th edition (June 2002)
  • Language: English
  • ISBN-10: 087337780X
  • ISBN-13: 978-0873377805
  • Product Dimensions: 10.8 x 8.4 x 1 inches
  • Shipping Weight: 1.6 pounds
  • Average Customer Review: 4.6 out of 5 stars  See all reviews (13 customer reviews)
  • Amazon Best Sellers Rank: #3,277,358 in Books (See Top 100 in Books)

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Customer Reviews

13 Reviews
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3 star:
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Average Customer Review
4.6 out of 5 stars (13 customer reviews)
 
 
 
 
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23 of 24 people found the following review helpful:
5.0 out of 5 stars Goes hand-in-hand with the other Nolo title on Landlord Rights and Responsibilities, June 18, 2007
By 
The California Landlord's Law Book: Evictions is a companion book that goes hand in hand with the Nolo title The California Landlord's Law Book: Rights and Responsibilities. In fact, the opening chapters of the Evictions book repeatedly remind the reader to refer to Rights and Responsibilities, not for the purpose of selling more books, but because landlord/tenant law is best addressed with an overarching title, and if you find yourself in the unfortunate situation of having to evict a tenant, you can pick up the more specialized title on that topic.

I personally purchased the Evictions book when I had a non-paying roommate in my own home who refused to move out. I purchased this book after I had started the eviction process and seen the sheriff way too many times, and I cursed myself for not getting it earlier, because I found out that the law was more on my side that I had thought. Nolo taught me that the sheriff is often misinformed about the process of evicting a roomer (someone in a bedroom in your primary residence) versus that of evicting a tenant in a separate rental property. This book referred me to the relevant sections of the California civil code and penal code for situations with roomers.

The book and accompanying CD have all the California law forms needed for the eviction process, as well as instructions for deciphering the forms, which is a formidable task on one's own. Personally, the most important chapter in the book was the one that guided me though the unlawful detainer trial process. The author described in detail all the facets of a court hearing, the relevant players, the methods for addressing the judge, the order of events, and so on. I went into my trial with confidence because I knew what to expect and I knew how to prepare my case.

This book is well worth the cover price. The most important lesson to remember is that not following the unlawful detainer procedure precisely will lead to delays in resolving the issue (by getting rid of the tenant or getting them current on their rent). This title is one of the only ways, short of hiring legal help, that a lay person can ensure their documentation will be in order and the process will not be delayed any longer than necessary. Every landlord needs to own The California Landlord's Law Book: Rights and Responsibilities, and the moment a tenant is late on rent or troublesome for other reasons, landlords need to buy The California Landlord's Law Book: Evictions.
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6 of 6 people found the following review helpful:
3.0 out of 5 stars Good details, but missing critical info, May 16, 2011
By 
Customer review from the Amazon Vine™ Program (What's this?)
Cons - missing information about delaying tactics the tenant may use (1 star)
Pros - very specific and detailed information and forms for evictions (5 stars)

I compared this book to two other Nolo books about landlord-tenant issues for California, and while this book is the most precise and detailed of the three about how to evict a problem tenant, it is still missing crucial information that is in yet another Nolo book.

This book has many details about (and forms for) meticulously doing an eviction, but it is missing a perspective about how to be an effective landlord and head off problems with tenants, and how you really want to avoid eviction lawsuits, which is covered better in Nolo's book _The California Landlord's Law Book: Rights and Responsibilities_. In particular, _The California Landlord's Law Book_ points out that the real purpose of a "Three Day Notice" is to get a late paying tenant to pay up, not to actually evict them, which is a pain and will cost you much more in the long run. So if you are a landlord, get _The California Landlord's Law Book_ for the best overall perspective of how to be a great landlord (and perhaps also Nolo's _Every Landlord's Guide to Finding Great Tenants_).

But a serious problem is that a critical element is missing from this book: all the different legal responses a tenant can make to an eviction attempt, and how to avoid or deal with them. In Nolo's _California Tenant's Rights_, there is all sorts of information about how to legally quash an eviction suit, ways of delaying by demurrals and various kinds of information requests, etc. However, none of these legal tactics are detailed in this book, which is a a real problem: a book that claims to be a step-by-step handholding book for doing evictions should inform the landlord about these counters, and arm the landlord in advance to avoid them.

So if you actually need to do an eviction, you probably should get this book, but it is really important to also read the relevant sections in _California Tenant's Rights_ as well. Since each of the Nolo books I have mentioned is by the same group of authors, it is a puzzle why this critical-eviction fighting information is lacking from this book, whose only topic is evictions.
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4 of 4 people found the following review helpful:
3.0 out of 5 stars contains numerous errors, October 4, 2011
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I have long been a fan of Nolo Press books, in the belief that intelligent and diligent people should be empowered to handle some of their basic legal needs without having to hire a high-priced attorney for every little thing. My husband and I have used other Nolo books through the years, and have only learned about one mistake in the books along the way, but then again, the wills and more that we created with the help of Nolo books have never had to stand up to a legal challenge. The numerous flaws in Nolo's Evictions book and CD have caused us to worry about the quality of the other Nolo books, and the mistakes they may contain that we may not learn about until too late.

My husband and I turned to the Nolo Evictions book for guidance through the unfamiliar process of evicting nonpaying tenants. The book has been better than nothing, but still just a mixed blessing because even the latest 2011 edition was carelessly edited and only partially updated. It and the accompanying CD contain numerous errors, some of which are serious enough that they could cost you your case against your tenant if the tenant files a response to your Unlawful Detainer Complaint. And the tenant can fight more easily than you can, because there are all kinds of free legal help available to tenants that the landlords can't get, even though the deadbeat tenant may be making more income than the landlord!

The 2011 CD that accompanies the book, for example, still has the 2004 edition of a required Summons form, even though that form was revised in 2009. The information required is the same on both versions, but a Placer County court clerk rejected the older form when my husband tried to submit it. The book shows the correct form, but the CD does not have it. The CD's ReadMe file also refers to information at the end of the file that is not actually there, and the link you are supposed to use for registering the software online is missing too. Nolo advises registering your software so you can get update info. and corrections from Nolo. How ironic. You can still fax in the paperwork, which I did, but I got no response or acknowledgment or updates. Of course, there's no guarantee the fax number was correct, either.)

In section after section of the book, the detailed instructions tell you to mark one thing, and that it could damage your case not to do exactly so, but then the sample form illustrating that concept shows something else marked. After digging up a phone number for Nolo, the representative finally directed to a Web site that had some of the updated forms and information, but only some.

So often, the book's errors leave you unsure what to do, or if what you have guessed you should do will prove to be acceptable to a judge. Time after time, the book's detailed directions tell you to do this or that on item 2E (for example) of this particular form, then you look at the form and the item number does not exist, nor anything even like it. If this happened once or twice, it would be annoying but forgiveable. But it occurs over and over again, to the point where I want to return the book and CD to Amazon and get a refund. Why did I bother with the 2011 edition? It's no better than the 2009 one, which had many of the same errors.

The self-help area in my local court house has offered some assistance, but each time a long wait is involved, and many hours of missed job time. And the law students who volunteer there have already warned that they do not assist at all with the monetary judgment portion of the process, which we have to do once the tenants are formally evicted by the sheriff. Given the questionable accuracy of the book so far, it is scary to be left now entirely at the mercy of this book's author and his shoddy editors. Had we known all that would be involved in this, alas, my husband and I probably would have hired a lawyer after all.
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Inside This Book (learn more)
First Sentence:
Sometimes even the most sincere and professional attempts at conscientious landlording fail, and you have to consider evicting a tenant. Read the first page
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
prejudgment claim, unlawful detainer complaint, assistance with this form, new proposed agreement, following written demand for access, tenant several days, unlawful detainer case, unlawful detainer suit, unlawful detainer assistant, daily rental value, detainer lawsuit, notice specifying reason, giving tenant option, additional judgment debtors, comparable vacant unit, general city site, default judgment for possession, registered process server, default hearing, person occupying property, tenant contests, writ fees, rent control cities, unnamed occupants, rent increase notice
Key Phrases - Capitalized Phrases (CAPs): (learn more)
Los Angeles, Code of Civil Procedure, State of California, Santa Monica, West Hollywood, Prejudgment Claim of Right, San Francisco, Code Civ, Earnings Withholding Order, Terrence Tenant, Postal Service, Angel Boulevard, Sample Declaration, Form Adopted, Judicial Council of California, Rules of Court, Secretary of State, Claim of Exemption, East Palo Alto, Lenny Landlord, Notice of Termination of Tenancy, Order Granting Relief From Automatic Stay, San Jose, Form Approved, Main Street
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