imc indymedia

Los Angeles Indymedia : Activist News

white themeblack themered themetheme help
About Us Contact Us Calendar Publish RSS
Features
latest news
best of news
syndication
commentary


KILLRADIO

VozMob

ABCF LA

A-Infos Radio

Indymedia On Air

Dope-X-Resistance-LA List

LAAMN List




IMC Network:

Original Cities

www.indymedia.org africa: ambazonia canarias estrecho / madiaq kenya nigeria south africa canada: hamilton london, ontario maritimes montreal ontario ottawa quebec thunder bay vancouver victoria windsor winnipeg east asia: burma jakarta japan korea manila qc europe: abruzzo alacant andorra antwerpen armenia athens austria barcelona belarus belgium belgrade bristol brussels bulgaria calabria croatia cyprus emilia-romagna estrecho / madiaq euskal herria galiza germany grenoble hungary ireland istanbul italy la plana liege liguria lille linksunten lombardia london madrid malta marseille nantes napoli netherlands nice northern england norway oost-vlaanderen paris/Île-de-france patras piemonte poland portugal roma romania russia saint-petersburg scotland sverige switzerland thessaloniki torun toscana toulouse ukraine united kingdom valencia latin america: argentina bolivia chiapas chile chile sur cmi brasil colombia ecuador mexico peru puerto rico qollasuyu rosario santiago tijuana uruguay valparaiso venezuela venezuela oceania: adelaide aotearoa brisbane burma darwin jakarta manila melbourne perth qc sydney south asia: india mumbai united states: arizona arkansas asheville atlanta austin baltimore big muddy binghamton boston buffalo charlottesville chicago cleveland colorado columbus dc hawaii houston hudson mohawk kansas city la madison maine miami michigan milwaukee minneapolis/st. paul new hampshire new jersey new mexico new orleans north carolina north texas nyc oklahoma philadelphia pittsburgh portland richmond rochester rogue valley saint louis san diego san francisco san francisco bay area santa barbara santa cruz, ca sarasota seattle tampa bay tennessee urbana-champaign vermont western mass worcester west asia: armenia beirut israel palestine process: fbi/legal updates mailing lists process & imc docs tech volunteer projects: print radio satellite tv video regions: oceania united states topics: biotech

Surviving Cities

www.indymedia.org africa: canada: quebec east asia: japan europe: athens barcelona belgium bristol brussels cyprus germany grenoble ireland istanbul lille linksunten nantes netherlands norway portugal united kingdom latin america: argentina cmi brasil rosario oceania: aotearoa united states: austin big muddy binghamton boston chicago columbus la michigan nyc portland rochester saint louis san diego san francisco bay area santa cruz, ca tennessee urbana-champaign worcester west asia: palestine process: fbi/legal updates process & imc docs projects: radio satellite tv
printable version - js reader version - view hidden posts - tags and related articles

The UD Shuffle | Notice

by Dave Crow Saturday, Sep. 26, 2009 at 5:26 AM
dave@crowandrose.com

If you have been sued in unlawful detainer you will be forced to learn a dance called the UD Shuffle. It’s not romantic or fun. It’s fast and furious and there are a lot of steps to learn.

UD—unlawful detainer—sounds like a crime doesn’t it? I know I harp on this all the time, but for a long time it was a crime to offend the lord of the land, to deprive him of the proceeds from the land he worked so hard to inherit by not paying your rent. Even today, if a tenant loses at trial it is said she is guilty of unlawful detainer.

Unlawful detainer is the legal term for the lawsuit a landlord files to evict a tenant. If you are unfortunate enough to have been served with unlawful detainer papers in California, one of the documents is called a summons. NOTICE TO TENANT: That’s you! YOU ARE BEING SUED BY PLAINTIFF: Lou Sy Landlord. If you have these papers in your hands, you have been invited to attend a ball of sorts, usually held in grand building—the courthouse. You may not want to go, but attendance is mandatory. There you will be forced to learn a dance called the UD Shuffle. It’s not romantic or fun. It’s fast and furious and there are a lot of steps to learn.
Wait a minute, you say, I don’t deserve this. I don’t even know what I did to merit this invite. Before the landlord can sue you, he must first serve you with some kind of notice that you have done something wrong with regard to your tenancy or to ask you politely to leave in 30 or 60 days.
Notice to Quit (Move Out) or Vacate
In California, unless you live in a rent controlled jurisdiction like San Francisco, if you have a month-to-month tenancy, you can be asked to leave by the landlord serving a thirty-day notice to quit if you have lived in the unit less than one year; or a sixty-day notice if you have lived there more than a year. That’s it. If you’re not out, the landlord can sue you. If you have current lease, it’s an entirely different matter. Then the landlord has to have a cause to evict. Did you know that only two states, New Jersey and New Hampshire require that a landlord must have a just cause to evict? If that pisses you off, join Tenants Together, give them some dough or volunteer some time.
Notice to Pay or Quit
In California if you have not paid your rent, the landlord must give you one more chance to do so. He must serve you a three-day notice to pay or quit. If you cannot pay and you decide to move, if you’re gone in three days and have surrendered the premises (gave the landlord the keys and received a written receipt for them), the landlord cannot file an eviction action (lawsuit) against you. If you do not pay and you are not gone, you can expect to be sued. If you move the landlord can still sue you for back rent, but not in an unlawful detainer lawsuit.
Notice to Cure or Quit
This usually accompanies an allegation that you breached a term of your lease. You just couldn’t turn away that cute little kitten when you have a “no pets” clause. The new 40 megawatt home theater cracked a few windows. The colorful flower boxes you installed make the cheap galvanized siding of the loft (in the country they call them barns) look shabby, violating the no-alteration clause. The landlord will give you a chance to take the cat to the pound, turn it down or toss the petunias. If you don’t within the prescribed time on the notice, you can be sued.
Notice to Quit
The landlord is calling you a nuisance or accusing you of using the premises for an illegal purpose. The wine tasting got a little unruly…again… and one of your guests tossed the TV out the front window…again. The SWAT team confiscated your Maui, Zowy, Wowy. Or, seriously, you repainted the place after 30 years of landlord neglect and violated the no alteration clause in your lease and now you can’t unpaint it. I love reading these notices (unless they’re true). A lot of landlord attorneys are frustrated novelists and they can really shine when they write these. Whether they're true or not, if the landlord serves you a notice to quit and you don’t move, you can be sued in unlawful detainer.
Notice to Evict for a Just Cause
In rent controlled jurisdictions you can also be served a notice to quit for a just cause that isn’t your fault. The landlord wants to move from his Pacific Heights mansion to your leaky, one-bedroom in the Tenderloin. The landlord wants to remodel your apartment. Your unit is illegal and now, after you've lived there for twelve years, the landlord wants to remove it from the rental market. In San Francisco there are 15 just causes. If you don’t get out at the end of the notice period, often sixty days, you can be sued in unlawful detainer.

Don't Do Nothing
Alright, you didn’t do what the landlord says you did; or he’s just trying to get you out for an ulterior reason; or you paid in cash and the landlord didn’t give you a receipt. No matter. You have been sued in unlawful detainer. Contrary to popular belief, the process is fast. In legal parlance it’s called a summary proceeding, meaning a UD is the fastest procedure of all. If you do nothing, the sheriff could be knocking at your door in a couple of weeks.
You gotta learn how to dance!
For more information on this and other tenant issues go to Evict This! Tenants Rights Blog.

Report this post as:

Local News

More Pix: "Families Belong Together," Pasadena J02 12:16PM

"Families Belong Together" March, Pasadena J02 12:08PM

Short Report on the Families Belong Together Protest in Los Angeles J30 4:26PM

Summer 2018 National Immigrant Solidarity Network News Alert! J10 11:58PM

Watch the Debate: Excluded Candidates for Governor of California M30 10:20PM

Change Links June 2018 posted M28 12:41AM

The Montrose Peace Vigil at 12 Years M22 1:01PM

Unity Archive Project M21 2:42AM

Dianne Feinstein's Promotion of War, Secret Animal Abuse, Military Profiteering, Censorshi M17 3:22PM

CA Senate Bill 1303 would require an independent coroner rather than being part of police M10 2:08PM

Three years after OC snitch scandal, no charges filed against sheriffs deputies M10 1:57PM

California police agencies violate Brown Act (open meetings) M02 1:31PM

Insane Company Wants To Send Nuke Plant Waste To New Mexico A29 4:47PM

Change Links May 2018 A27 1:40AM

Worker-Owned Car Wash on Vermont Closed A26 10:37PM

GUIDE TO REBEL CITY LOS ANGELES AVAILABLE A12 5:39PM

lausd whistle blower A10 11:58PM

Website Upgrade A10 3:02AM

Help KCET and UCLA identify 60s-70s Chicano images A04 1:02PM

UCLA Luskin: Casting Youth Justice in a Different Light A02 11:58AM

Change Links April 2018 A01 11:27AM

Nuclear Shutdown News March 2018 M31 6:57PM

Join The Protest Rally in Glendale on April 10, 2018! M29 7:00PM

Spring 2018 National Immigrant Solidarity Network News Alert! M19 2:02PM

Anti-Eviction Mapping Project Shows Shocking Eviction Trends in L.A. M16 5:40PM

Steve Mnuchin video at UCLA released M15 12:34AM

Actress and Philanthropist Tanna Frederick Hosts Project Save Our Surf Beach Clean Ups M06 12:10PM

After Being Told He's 'Full of Sh*t' at School Event, Mnuchin Demands UCLA Suppress Video M02 11:44AM

More Local News...

Other/Breaking News

Children Incorporated Earns 4-Star Rating on Charity Navigator J16 11:24AM

Democratic Socialists of America J14 4:57PM

Leonard Peltier Non Violent Native American Political Prisoner since 1970's J14 4:18PM

Paraphysique miscellanées de l'aggiornamento J14 12:54AM

Actress and Philanthropist Tanna Frederick Hosts Project Save Our Surf Beach Cleanup J13 4:14PM

FBI Investigated LA County Sheriff Baca,Why Not Hank Skinner's Persecution? J13 3:52PM

Updated Partial List Of Famous Vegetarians, Vegans, & Fruitarians J13 2:59PM

The Shortwave Report 07136/18 Listen Globally! J12 4:36PM

Social Policy as Social Infrastructure J12 3:38AM

Vol I: 84 Varieties Of GOP Election Fraud J12 1:50AM

Texas Can Call it An Execution,But It is A State Sponsored Murder of Hank Skinner.. J11 6:48PM

June 2018 Honduras coup update J11 3:35PM

Maria Estrada doubles down on racist support J11 1:40PM

New York Women in Film & Television Announces 2018 NYWIFT Ha Phuong Scholarship Recipients J11 10:14AM

Trapps de la domination, trapps de l'aliénation J11 1:31AM

Please Work For The Defeat Of Brett Kavanaugh And Why J09 8:54PM

Change Links 2018 July posted J09 1:27PM

Transinhumanisme ( transe inhumanisme ) J09 12:44PM

Google, World's Biggest Censor, Was Founded By The CIA J09 10:25AM

For a World Free of Nuclear Risks J09 8:29AM

Corrupt CDC Ignores Meat Fish Recalls J09 4:55AM

The (Temporary) End of Globalization J09 3:03AM

Aternatives to Abortions such as Plan B the pill, condoms and IUD J08 4:03PM

U.S Congressional Legal Minds Know Better Than Allowing Texas To Murder Hank Skinner J08 3:37PM

ACLU in many US states defends in court KKK and American Nazis Sometimes for Money J07 11:28PM

Judge Brett Kavanaugh: 12 Of Many Reasons To Oppose Him J07 9:00AM

Insensibilité engrammée J07 2:37AM

Silver Lining J07 12:21AM

More Breaking News...
© 2000-2018 Los Angeles Independent Media Center. Unless otherwise stated by the author, all content is free for non-commercial reuse, reprint, and rebroadcast, on the net and elsewhere. Opinions are those of the contributors and are not necessarily endorsed by the Los Angeles Independent Media Center. Running sf-active v0.9.4 Disclaimer | Privacy