Eviction is the removal of a tenant from rental property by the landlord. If tenant violate the lease agreement or late for the rent payment, landlord has the right to file unlawful detainer lawsuit to again to tenant basic on the special notice.
In the California, if tenant fails to leave the house, landlord must file and win the eviction lawsuit to legally bring back the property. Break in and change the lock with no under the surveillance of the sheriff will cause the problem or even jail for the landlord.
After file and serve the Unlawful detainer (Eviction) lawsuit to defendant(tenant), if defendant does not file an Answer or other response to court, the landlord, plaintiff, can request the default judgment and automatically win the lawsuit. But if tenant file the Answer, landlord will face the trial or even the jury trial in the court. In the final step, house will foreclose by the sheriff and give back to the landlord.
During the eviction, no rent can be accept from tenant, so he longer landlord wait the more will be lose. Property is under landlord's name. Landlord has the right to decide who can and cannot living in the property.
We glad to help you with the eviction lawsuit!
Why do you need a Living Trust?
If you own real estate, you need to setup a Living Trust to protect your assets for your family in case something happens to you (either death or incapacity).
A Living Trust provides a way for you to ensure the right people will take over or manage your property. Without Living Trust, your family may have to go through a court process called Probate in order to take back control of your property. Probate takes between 1-2 years and costs tens of thousands of dollars in attorney fees. A Trust avoids probate, by naming beneficiaries -- people who have the legal right to take over and manage your assets.
Power of Attorney and Health Care Directive
If you become seriously ill or even incapacitated, you will need a Power of Attorney and Health Care Directive so that your family can make important financial and medical decisions for you.
The Will is very simple and simply helps you do two things: 1) it helps transfer all of your leftover assets into the Trust; 2) it names a Guardian for your children or future children;
Time it Takes
A living trust can usually be completed within 1 week, and will be good for the rest of your life, although you can change it at any time. There are no annual costs or yearly fees.
Basic Information needed
1) Driver licenses 2) Your address 3) Phone number 4) Names of the people you want to put in your trust as the beneficiary
You can consign Trust for your asset, such as house, bank account, stock, etc., manage by trustee and transfer to your specified after past to beneficiaries. If you have a minor children in the family, living trust can provide the protection for them. If you become seriously ill or even incapacitated, you will need a Power of Attorney and Health Care Directive so that your family can make important financial and medical decisions for you. Living trust, avoid probate count certification procedures, preventing the long-term freezing and quickly assign heritage.
Without the living trust, probate takes between 1-2 years with tens of thousand dollars in order to get back the control of your property. But, living trust can be completed within 1 week and will be good for the rest of your live. Living trust do not execution under the supervisor of count which will be is an open legal process with no privacy for assets. If there is no legal heir, all inheritance will have the danger to be escheat.
We do the Living Trust, Will set, Durable Power of Attorney, Advance Health Care Directive, Guardianship and Premarital Agreement.
If you have a house, you need the living trust.